Assignment Task:
Assignment Brief
As part of the formal assessment for the programme, you are required to submit an Equity Trusts and Wills time-constrained assessment. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments
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After completing the module you should be able to:
- Analyse the rules, principles and remedies of Equity, Trusts and Wills, drawing upon a range of primary and secondary source material to draft effective clauses.
- Examine in detail and explain judicial decisions in the area of Equity and trusts.
- Critically analyse and evaluate rules and principles, demonstrating awareness of their social and practical context.
- Apply equitable rules, principles and remedies to case studies.
Question One
Critically assess the extent to which the law on trusts of the family home has been clarified by the ruling in Jones v Kernott [2011] UKSC53.
Your answer must be supported by reference to relevant equitable principles, case law and legislation.
Question Two
It is often said that flexibility is one of the positive hallmarks of Equity. Assess whether the rules on the ‘Three Certainties’ supports this view or not.
Your answer must be supported by reference to relevant case law and equitable principles.
Question Three
Eugene died in February 2017, leaving the following bequests in his will:
- £50,000 to my trustees to be distributed to those of my most successful students as they shall in their absolute discretion determine.
- £10,000 to my friend Grace on the understanding that she spends it wisely for the benefit of her children.
- 250 shares from my shareholding in PLC Ltd to my trustees for the benefit of my grandchildren when they each reach the age of 18 years.
- £25,000 to the Arden Climate Activists Club for the promotion of their purposes.
- £25,000 to the Arden Chess Club for the purpose of promoting the playing of chess in the community.
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