01 Jul EQUITY AND TRUST IN UK
Equity and trust in UK
1. Consider the validity and effect of the following two clauses in the will of Dan:
a) I leave my cottage, at 42 Drumsesk Road, to my friend Gurpreet in full confidence that he will dispose of it in accordance with the instructions given to him during my lifetime. Just before Dan signed the will, he told Gurpreet that he had left a sum of money in the will to Gurpreet which he wanted him to hold for the benefit of Jenny. Gurpreet witnessed the will. Jenny died two days before Dan leaving two children.
b) I leave my residuary estate to my brothers Ken and Sam jointly. A few days before the execution of the will Dan gave Ken a sealed envelope, saying these are some instructions I want you and Sam to carry out when I die. Ken replied you know you can rely on me if its fine with Sam its fine with me. A year later Sam and Dan were killed in a car accident. The sealed envelope says that Dan wanted his residuary estate to pass to his youngest son Joseph.
Advise the executors of Dans will
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