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Equity: Formalities and Constitution Problem Question please help. Watch

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    Donald is the executor of the estate of Garrett, who died recently.

    In 2014 Garrett, Frank and Claire executed a deed in which Garrett promised to transfer the following items to Frank and Claire as trustees:

    a.) His shares in ‘House of Cards Ltd’

    b.) His house known as ‘White House’

    c.) His rare first edition copy of 'East of Eden'

    Frank and Claire are to hold the property on trust for Zoe for life, remainder to Russo.

    In September 2015 Garrett executed a share transfer form, transferring his shares in House of Cards Ltd to the trustees. However the form is found among the personal papers of Garrett and was apparently never given to the trustees before Garrett died.

    Later in 2015 Garrett executed a deed to transfer White House to the trustees. He handed the deed to Frank who put the document in his briefcase and forgot about it. However, title to White House is registered and the transfer deed was never sent to the land registry. Garrett was the registered proprietor at his death.

    In 2016 Garrett wrote a letter to the trustees in which he stated:

    ‘Although I prefer to keep East of Eden in my own possession I hereby transfer legal ownership to you in accordance with my promise made in 2014. In this letter I am also transferring to you my remainder interest in my late father’s will trust to be held on the same trust as indicated in the 2014 deed.
    Garrett Walker (signed).’

    Garrett made a will, which appointed Donald executor and left all his property to Garrett’s wife, Patricia.
 
 
 
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