law of trust formalities and constitution

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Dominic254
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Who has a similar task?


1. QUESTION: Esme died in January 2019. In January 2018, she wrote a will, and appointed her friend Leon as an executor. Leon has been approached by a few people who have made claims against the estate:
a. Isaiah: Isaiah has worked in Esme’s business for 25 years. He was, as she often said to people, her ‘right hand man’, treating the business as his own, and making an invaluable contribution to its great success. Alas, his importance was not translated into a salary that would reflect his efforts for the business.

Nevertheless, when customers of the business who got to know him offered him a job in Singapore in 2001, and then in Spain in 2015, he declined to move. Isaiah claims that he agreed to stay in the business since Esme promised, on a number of occasions, to leave him 50% of the business in her will. She declared that much at a pub quiz gathering in 2014, at a birthday celebration in her house in 2010, and numerous times in private conversations. Isaiah and Esme fell out in 2017, and Isaiah left the business. Esme’s 2018 will does not mention Isaiah, and Leon does not have copies of her previous wills.
* Ruth: Ruth is a young woman who had a happy childhood with her single mother. Ruth’s mom used to be a colleague of Esme’s brother, and she was much loved by Esme and her brother, who treated her as part of the clan, and sometimes joked about a surprising physical resemblance to the family. In her will, Esme made a large gift of £100,000 to her friend Amir. In February 2018 she sent an email to Amir, asking him to hold the money on trust ‘to finance Ruth’s university studies’. Amir never replied to the email. 

* Sarah: Esme has been active in managing her business up until her death. In August 2018, Sarah approached Esme and asked to purchase from her a parcel of land adjacent to Sarah’s land in order to expand a factory that stood on Sarah’s land. Esme and Sarah, accompanied by their lawyers, sat down to discuss a deal. Esme liked Sarah’s proposal, negotiations progressed fast and the lawyers produced a draft contract. Sarah was contemplating whether it is worthwhile taking advantage of an offer to buy machines for the new part of the factory for a reduced price in advance of signing the contract. When Sarah told Esme about the machines, Esme replied ‘Don’t worry about our contract, we only need to finalise the last remaining details.’ Sarah went ahead and bought the expensive new machines. 


In December 2018, Esme sent a letter to Sarah’s lawyers informing them that she had changed her mind about the price, and she now wanted Sarah to pay 20% above the agreed price in the draft contract.
Isaiah claims that he is entitled to half of Esme’s business. Ruth claims that Amir holds £100,000 on trust for her. Sarah argues that she is entitled to purchase the parcel of land from the estate for the price agreed upon in the draft contract.
Advise Leon as to the validity of these claims.
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Lawschoolhack
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#2
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(Original post by Dominic254)
Who has a similar task?


1. QUESTION: Esme died in January 2019. In January 2018, she wrote a will, and appointed her friend Leon as an executor. Leon has been approached by a few people who have made claims against the estate:
a. Isaiah: Isaiah has worked in Esme’s business for 25 years. He was, as she often said to people, her ‘right hand man’, treating the business as his own, and making an invaluable contribution to its great success. Alas, his importance was not translated into a salary that would reflect his efforts for the business.

Nevertheless, when customers of the business who got to know him offered him a job in Singapore in 2001, and then in Spain in 2015, he declined to move. Isaiah claims that he agreed to stay in the business since Esme promised, on a number of occasions, to leave him 50% of the business in her will. She declared that much at a pub quiz gathering in 2014, at a birthday celebration in her house in 2010, and numerous times in private conversations. Isaiah and Esme fell out in 2017, and Isaiah left the business. Esme’s 2018 will does not mention Isaiah, and Leon does not have copies of her previous wills.
* Ruth: Ruth is a young woman who had a happy childhood with her single mother. Ruth’s mom used to be a colleague of Esme’s brother, and she was much loved by Esme and her brother, who treated her as part of the clan, and sometimes joked about a surprising physical resemblance to the family. In her will, Esme made a large gift of £100,000 to her friend Amir. In February 2018 she sent an email to Amir, asking him to hold the money on trust ‘to finance Ruth’s university studies’. Amir never replied to the email. 

* Sarah: Esme has been active in managing her business up until her death. In August 2018, Sarah approached Esme and asked to purchase from her a parcel of land adjacent to Sarah’s land in order to expand a factory that stood on Sarah’s land. Esme and Sarah, accompanied by their lawyers, sat down to discuss a deal. Esme liked Sarah’s proposal, negotiations progressed fast and the lawyers produced a draft contract. Sarah was contemplating whether it is worthwhile taking advantage of an offer to buy machines for the new part of the factory for a reduced price in advance of signing the contract. When Sarah told Esme about the machines, Esme replied ‘Don’t worry about our contract, we only need to finalise the last remaining details.’ Sarah went ahead and bought the expensive new machines. 


In December 2018, Esme sent a letter to Sarah’s lawyers informing them that she had changed her mind about the price, and she now wanted Sarah to pay 20% above the agreed price in the draft contract.
Isaiah claims that he is entitled to half of Esme’s business. Ruth claims that Amir holds £100,000 on trust for her. Sarah argues that she is entitled to purchase the parcel of land from the estate for the price agreed upon in the draft contract.
Advise Leon as to the validity of these claims.
Hi, What's your query? I assume you are not expecting someone to just post up an answer for you
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