Equity and trusts Advise the trustees as to the nature and validity of the dispositions to marcus will
equity and trusts final year llb
Marcus will dated June 1996, inter alia, the following dispositions
a my real property in England and Wales to be sold and the proceeds to be distributed equally amongst my grand children
b My shares in Delta Ltd to be sold and the proceeds to be distributed at the discretion of my trustees to teh employees and ex employees of Delta
c the balance of my account at Midwest building society to be used by my trustees to provide reasonable income for the education of the employees of Delta Ltd
d My paintings to be given to my stepbrother Neil, knowing that he will sell them and pass the proceeds of sale to his children .In any even Neil and my trustees know that my intentions ar in respect of the paintings.
e the remainder of my estate to be given To fridas children for their educational benefit. Any part of the remainder, which has not been used for the benefit of fridas children after three years of my death , must be given to my best friend Jody.
Marcus died earlier this year. the will appointed sally and Gurinder as his trustees and executors. Sally and gurinder have established that marcus has five children and two of tehm emigrated to the united states some time ago. They have established that delta ltd employs over 5000 employees although it has very limited records of teh ex employees The balance of the account at Midwest building society is 12, 000 pounds.
Advise the trustees as to the nature and validity of the dispositions to marcus will
1 the student Is expected to understand how the trust differs from other related equitable concepts such as powers of appointment
2 the student should explain the consequences of validity or otherwise of the dispositions in the will
3 the assignment requires the studnt to demonstrate a good understanding of the substantive and formal requirement s needed for the creation of trusts and other related concepts
Learning outcomes assessed
M5. Apply knowledge of substantive principles to solve problems actual or hypothetical involving express or implied trusts.
KU1. Demonstrate knowledge and understanding of a substantial range of major doctrines, concepts and values that underpin the law.
Cognitive (thinking) skills:
CS1. Recognise and distil issues from factual or hypothetical information and prioritise them in terms of their relevance and importance.
CS3. Apply knowledge and understanding to solve problems actual or hypothetical.
PS1. Identify and retrieve legal information using paper and electronic sources
PS2. Use primary and secondary sources relevant to the topic under study
PS3. Collate information and materials from a variety of sources in a coherent way
PS6. Properly attribute and utilize the work of others
TS1. Understand and use proficiently the English language, both orally and in writing.
TS2. Present knowledge in a way, which is comprehensible to others and directed to their concerns.
TS5. Word process work in an appropriate format
TS9. Construct a consistent and sustained argument.
Todd and Wilson, Textbook on Trusts 6th Ed 2003
Todd and Watt Cases & Materials on Trusts 4th ed 2004