An answer to a problem question on Formalities and Constitution by a former university lecturer with 25 years' teaching experience. In this video I take you through the answer to a problem question which includes LPA 1925, s.53(1)(b), Re Rose, Mascall v Mascall and Pennington v Waine. Suitable for LL.B, GDL, CILEX . The question is below/.
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THE QUESTION
Wendy is the executor of George’s will, who died last month leaving all his estate to a local donkey sanctuary. Wendy has discovered the following:
George wrote to Susan as follows:
‘My dearest Susan,
I have decided that you and your children should benefit from ‘SeaView’ as I no longer find the time to visit. I confirm that I am holding Sea View on trust for you for life and then it will go to your boys equally. I have the Land Certificate in the safe in my study.
George Roper (signed)’
Seaview is a cottage in Norfolk. The Land Certificate was found in George’s safe after his death.
George wrote to his solicitor, Anna:
‘Anna, Here is the Land Certificate for my flat in Chelsea. I want to put it in trust for my children, Beatrice and Ben in equal shares until they are 25. You are the trustee. Please sort out the necessary paperwork
George Roper (signed)’
Anna wrote to Beatrice and Ben confirming that she had received George’s instructions and that she would deal with the necessary formalities to complete the trust for them.
George died before Anna was able to act on these instructions. After George’s death she discovered that George had written the following on the Proprietorship Register on the Land Certificate and signed it:
‘I hereby transfer this property to my solicitor Anna to hold for Beatrice and Benny
George Roper (signed) ’
Advise Wendy who is entitled to the shares in ABC Ltd, Seaview and the flat in Chelsea.
ABOUT ME
I was a senior lecturer at a large law school in a UK university for 25 years and I now work as a private property law tutor. I started this channel in 2019 and I am still learning!!! I hope that you find my videos helpful. Please consider subscribing and ‘like and share’ my videos.
I am also an occasional contributor to the law study forum on thestudentroom.co.uk as ‘bitesizelaw’ and, more recently, ‘lawschoolhack’. Just look out for the water melon logo!
Amanda Grant
Негізгі бет IMPERFECT GIFTS - CONSOLIDATION A worked example (Lecture 5) TRUSTS LAW by a UK university lecturer
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