Certainty or Constitution Question ?

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Charles, a successful business man, was the owner of a considerable amount of property, including a vintage Aston Martin motor car, an original Jack Vettriano painting, a large country mansion called “Swithland House” and shares in Continental Camping Ltd. In 2016 he retired and decided that he wanted other people to benefit from some of his property.

Bethany, Charles’s god daughter, was studying for a degree in art history and so Charles indicated that it would make sense for her to have the painting. He asked his friend, Giles, Bethany’s father, to hold the painting and Aston Martin motor car on trust for Bethany. One evening, when Giles came for dinner, Charles pointed to the car and said “there it is – look after it for Bethany. He also gave Giles all of the paperwork from when he purchased the painting, including a receipt and a certificate of authenticity.

Charles also said to his son George: “I want you to have my shares in “Continental Camping Ltd”. He filled out the stock transfer form in respect of the transfer of the shares to George and gave it, together with his share certificate to Oliver. Oliver worked at the accountancy firm who dealt with Continental Camping Ltd’s accounts. Oliver said “don’t worry, I’ll get this sorted”. Charles took no further steps and the shares were never registered in George’s name.
Charles decided that he wanted to give Swithland House to a local charity. He executed a deed of conveyance shortly afterward and put the deed in the safe where it remained until his death.

Charles died in October 2017, having taken no further steps to transfer the above property. The executors of his will now seek your advice as to the proper distribution of his estate.

How, if at all, would your answer differ if Charles, instead of attempting to transfer the car and painting to Giles, had declared “from now on I will myself take care of the painting and car for Bethany”?

am having issues figuring out if this is a constitution question or certainty?
and its am emergency its due in next week!!
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Why do you think it has something to do with certainty of subject matter?
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Bitesizelaw
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(Original post by p14171750)
Charles, a successful business man, was the owner of a considerable amount of property, including a vintage Aston Martin motor car, an original Jack Vettriano painting, a large country mansion called “Swithland House” and shares in Continental Camping Ltd. In 2016 he retired and decided that he wanted other people to benefit from some of his property.

Bethany, Charles’s god daughter, was studying for a degree in art history and so Charles indicated that it would make sense for her to have the painting. He asked his friend, Giles, Bethany’s father, to hold the painting and Aston Martin motor car on trust for Bethany. One evening, when Giles came for dinner, Charles pointed to the car and said “there it is – look after it for Bethany. He also gave Giles all of the paperwork from when he purchased the painting, including a receipt and a certificate of authenticity.

Charles also said to his son George: “I want you to have my shares in “Continental Camping Ltd”. He filled out the stock transfer form in respect of the transfer of the shares to George and gave it, together with his share certificate to Oliver. Oliver worked at the accountancy firm who dealt with Continental Camping Ltd’s accounts. Oliver said “don’t worry, I’ll get this sorted”. Charles took no further steps and the shares were never registered in George’s name.
Charles decided that he wanted to give Swithland House to a local charity. He executed a deed of conveyance shortly afterward and put the deed in the safe where it remained until his death.

Charles died in October 2017, having taken no further steps to transfer the above property. The executors of his will now seek your advice as to the proper distribution of his estate.



How, if at all, would your answer differ if Charles, instead of attempting to transfer the car and painting to Giles, had declared “from now on I will myself take care of the painting and car for Bethany”?

am having issues figuring out if this is a constitution question or certainty?
and its am emergency its due in next week!!
Constitution. There are no issue relating to certainty of SM or objects that I can see. The intended modes of disposition also seem clear so don't make an issue out of these.

Amanda Grant (private property law tutor Leicester)

Please give me a 'thumbs up' by clicking on the button below if you find my advice helpful. :yy:Thank you.
Last edited by Bitesizelaw; 2 years ago
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