Property Law-Equity and Trusts


Property Law-Equity and Trusts

Must answer all parts of both questions: 1) (a) Brian has just made the following will. He seeks advice on the following clauses. “My trustees, Alan and Terry, are to hold all my assets and available funds. They are to make an award of”: 1.1. £2000 to Clive to obtain singing lessons. 1.2. £2000 to the most creative drummer in London. 1.3.£50,000 to all those in Music Co. that I employed, their families and dependents. 1.4.£30,000 to ensure that the sports field attached to the premises of Music Co. is always kept as such. 1.5. £50,000 to further the cause of fox hunting in East Berkshire.
Should any gift in this will fail, it will pass to David absolutely. Assume that there are no problems in the identification of David. Advise Brian. 1) (b) Alison is a rich business woman who wants to leave all her wealth to charity. She enters in a series of transactions that move her assets from a personal bank account to one called ‘trust account’ with Marshalsea bank. Alison dies on the 1st January 2016. Her executors cannot find any declaration of trust in her papers. However, there is oral evidence that she said to Buddy: “all my money will go to a good cause” and to Corny “I feel that I have made the right decision. The money no longer belongs to me. It belongs to charity.” Farah is interested in Alison’s estate and argues that all Alison’s assets have passed to her on Alison’s death. Advise Alison’s executors. Has this trust been validly constituted? Do not discuss the Charities Act 2011 and/or any case law on charity. 1) (c) In 2018 Mavis Patel decided to sell off her considerable estate in Fulchester. Tired of her material wealth, she decided that the proceeds of the sale should be used by her trustees to fund the following purposes: 1.1.To provide a ground and training facilities for Fulchester Rovers, the local football team. 1.2. To provide training courses for those seeking to become faith healers. 1.3. To provide land for the preservation of wildlife. 1.4.To provide funds for the acquisition of artworks to be displayed in the local library. 1.5.To provide accommodation on High Street, Fulchester for the homeless and destitute. Using case law to justify your answers, advise Mavis whether each of these purposes is valid under the Charities

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