In Part 1, you are asked to give advice to an imaginary client in a particular factual scenario.
The guidance notes contain information on how to approach this assessment. You should read these notes carefully before beginning work on this TMA.
You should include a reference list and a word count at the end of your work. You should use Oscola for cases and legislation and Harvard for module materials and other secondary sources.
Part 1
Read the following scenario:
You are a solicitor. Mr York, a prospective client, approaches your firm with a will that he has written himself with the help of Google. He informs you that he intends the clauses to be effective as trusts and asks for your advice.
The will contains the following clauses:
Clause 1 – ‘I leave to my dear neighbour, Caroline Hope, my beautiful house known as ‘Avalon,’ High Dale, Remoteshire, in the sincere hope that she will hold it for my two young great-nephews, Maximillian and Dave, until they both reach the age of 21.’
Clause 2 – ‘I give 100 bottles each from my collection of fine vintage sherries to my regular dog walkers, Ffion, Leila and Will, as a thank you for their sterling service.’
Clause 3 – ‘To all my good friends, the Members at Royston Vasey Cricket Club and to the regulars at the local pubs of the village including “The Highwayman”, “The Hanging Judge”, “The Old Courthouse” and so on, I give the sum of £10,000.00 to be spent on a jolly good evening to be had by all.’
Clause 4 – ‘I leave £100,000 to be used by all speakers of romance languages residing within the three counties of Remoteshire, Appleshire and Tarmacshire in order that they might be able to travel overseas and appoint Walter Mittey and Sara Parchizadeh as my trustees and give them the authority to choose what to do with the money.’
You are to write a letter of advice to Mr York on the validity of the above clauses including what might need to change if they are to be effective.
Learning outcomes
TMA 03 tests the following learning outcomes:
• identify and explain the meaning and requirements of the concept of certainty of intention
• identify and explain the meaning and requirements of the concept of certainty of subject
• identify and explain the meaning and requirements of the concept of certainty of objects
• critically analyse and evaluate these concepts while applying them to the factual scenario of a question
• critically analyse the wording of a legal document and identify the legal issues which are raised by that wording
Part 1 requires you, in the role of the solicitor, to advise Mr York on the validity of the clauses in the original will and to explain what might need to be changed if they are to be effective. Your answer should be written in the first person.
The total word count of your answer should not exceed 2000 words.
