WESTMINSTER LAW SCHOOL COURSEWORK SEMESTER 2 2021/22 Refer/Defer Coursework July 2022 Final

Module Code: 5LLAW003 and 6LLAW061

Module Title: EQUITY AND TRUSTS (LLB)

Module Leader: Dr Anna Chronopoulou

Release Time: 29th June 2022 at 10:00 BST (GMT +1)

Submission Deadline: 18th July 2022 before 10:00 BST (GMT +1)

Instructions to Candidates: Please read the instructions below before starting your assignment.

• Module specific information is provided below by the Module Leader below.
• Create and save one document only, containing your answer. You should call it ‘my5LLAW003Wassess’. It should be a Word document (i.e., ending in ‘.doc’ or ‘.docx’). In case of technology issues, you should save your work on a regular basis.
• You must work on your own and should not discuss your work with other students, via email, telephone, or any other means. Your answers will be run through the Turnitin similarity detection software, and so any ‘cut-and-pasted’ answers will be easily identified. If you submit work which is not your own, you will be open to an accusation of an assessment offence (plagiarism and/or collusion). If you send drafts of your answers to any other student, you will also be open to an accusation of an assessment offence.
• Where the University believes that academic misconduct has taken place the University will investigate the case and apply academic penalties as published in Section 10 Academic Misconduct regulations.
• As you will have access to resources to complete your assessment any content you use from external source materials will need to be referenced correctly. You need to provide footnotes and bibliography. Please use the full OSCOLA footnote referencing style as required.
• Support can be found at: Study Training and Research Skills and Referencing Your Work

• Once completed please submit your paper via the submission link provided on the Blackboard site for the module concerned. You must submit your assessment within the period stated at the top of the page.

• You will be allowed multiple submissions of your assessment (if you need to), but please note that if you submit more than one completed answer paper, the latest overwrites the previous version you submitted; Be sure to check that you are submitting the correct version and keep a copy of your receipt.

Module Specific Information: Instructions to candidates

• Candidates are required to answer any ONE out of the three questions provided. All questions carry equal marks.
• You can write up to 3,500 words, and (10% +/- allowance applies).
• References in footnotes, i.e., description, analysis or comment, will be counted towards the word limit. Bibliography will NOT be counted towards the word limit.

Question 1

Faust shows you a copy of his will, which was drawn up by his best friend, Bauman. He asks you whether the following dispositions are valid.

(a) I give £200,000 to my sister, in full confidence that she will use these funds to help our mother, Isabelle, with her rent and general household expenses.

(b) I give the greater part of my paintings collection to my nephew, Joshua, subject to any of my former colleagues choosing any paintings that they may wish to have.

(c) I give £70,000 to my trustees to divide between my closest relatives and most loyal friends in their absolute discretion.

(d) I give £250,000 to my trustees for the benefit of the inhabitants of my hometown, Weston-Super-Mare in the hope that this will improve economic conditions in the area.

Advise Faust as to the validity of these dispositions, and the consequences if any of them fail.

Question 2

Anderson Wesley, a wealthy businessman and the majority shareholder in Wesley Group PLC, died in 2020. His executors and trustees, Blair and Sterling, have asked you whether the following dispositions are valid as charitable gifts.

(a) I give £50,000 to fund important and ground-breaking research into my ancestry and the Wesley family tree.

(b) I give £250,000 to relieve any suffering or financial hardship that may be experienced by employees or ex-employees of Wesley Group PLC.

(c) I give £10,000 to establish an organisation to promote board games amongst pupils and students at schools and universities in the Willingham area.

(d) I give £250,000 to establish an independent, fee-paying school, with the intention that it will promote morality and uphold the highest ethical principles amongst young people in the South of England.

Advise Blair and Sterling as to the validity of these dispositions as charitable gifts.

Question 3

‘The law governing Family Home Trusts fails to address the problematic notion of intention of the parties.’

Critically discuss with reference to case law.