Equity and trust Law
You are a solicitor in the firm of Hugh Aston Solicitors and have been instructed by a new client, Adrian Moore of 15 Herald Way, Burbage, Leicestershire, LE10 2RF. You have opened a new file for this matter with the reference AS/Moore/123
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At your initial meeting with Adrian, he informed you that his mother, Barbara Moore, had died two weeks ago and that he had been appointed as the Executor and Trustee of Barbara’s Will. An extract from the Will (which you confirmed to be valid) is set out below.
Extract from the Will of Barbara Moore
4. I give free of tax the following:
a. £75,000 to my daughter, Stephanie Cooke, hoping that she will use it for the benefit of her children.
b. £150,000 on trust to be distributed as my Trustees see fit between those who my Trustees consider to be my dearest friends.
c. £100,000 in equal shares to Kate Huggins and Susan Taylor
d. Half of the bottles of champagne in my cellar to my friend, Kate Huggins.
5. I give the residue of my estate to my son, Adrian Moore
Adrian informed you that Kate Huggins had told him that she received a letter from Barbara a few days before she died, stating that she wanted Kate and Susan Taylor to hold the £100,000 that had been gifted to them in the Will for her long lost son, Dylan Jones, with whom she had recently been reunited. Kate had been so busy that she had been unable to reply to Barbara’s letter. Susan Taylor never received a letter.
Adrian also told you that a couple of years ago, Barbara had given a written document to him which stated as follows:
“I hereby assign my jewellery collection and £50,000 to Adrian Moore to hold on trust for my god daughter, Eleanor Seward.
After handing over the document, Barbara had told Adrian that she kept the jewellery in the safe in her bedroom and gave him a cheque for £50,000.
You advised Adrian as to how Barbara’s estate will be distributed and what property, if any, is held on trust for Dylan Jones and Eleanor Seward.
Using the letter headed notepaper that can be downloaded from the Assessments folder on the Equity Blackboard shell, draft a letter to Adrian Moore confirming the advice you gave to him during your meeting