Essay Michael Case Study – Law Assignment Help

Assignment Task:

Question 1 
 
You are a lawyer at Arden LLP. You represent Victor, the trustee of Michael’s estate 
 
Michael, a former General in the Army and a highly decorated soldier for his many heroic actions in battle against enemy troops, died in 2015. He was not married and had no children. In his Will left his entire estate to be divided as follows: 
 
(i)30% of his estate to the East Riding Hospital for retired ex-serviceman. 
(ii) 15% of his estate to the Royal National Lifeboat Institute, a registered UK charity. 
(iii)15% of his estate to the Norfolk Youth Activity Group. 
(iv)40% of his estate to Egalité International, a registered UK charity championing the rights of people in war torn areas and refugees. 
 
The East Riding Hospital, a former charitable institution, ceased to exist after the last round of Government defence spending cuts in 2013. All of the residents were transferred to the new Fulham Pensioners Hospital which now houses retired servicemen and women from all branches of the armed forces. 
 
The Norfolk Youth Activity Group never actually existed. However a group of youth charities do operate in Norfolk as a combined group to provide summer camps on the beaches for young people from inner cities. 
 
The CEO of Egalité International is keen to accept Michael’s gift however the Trustees of the organisation are unwilling to accept the legacy as they do not wish to be associated with such a decorated soldier. 
 
Advise Victor as to the effect of each of the gifts. 
 

Question 2 
 
Eric died in February 2017, leaving the following gift in his will:  
 
“£500,000 to the Flaubert Appreciation Society (the ‘FAS’) to be used to enable members to go on study visits to Paris, France”. 
 
The FAS was a non-charitable unincorporated association founded in 2004 and Eric was a keen supporter of its activities. During his lifetime he had donated £45,000 towards the purchase of a club house for them out of a total cost of £64,000. He had also been to every Flaubert themed social event that they had held to raise funds. Eric was not, however, a member of FAS. 
 
The FAS’s funds had also been raised by membership subscriptions, street collections and by fund raising events such as concerts and raffles. 
 
In March 2017, FAS decided to sell all their assets and to disband the club. It is understood that a considerable surplus remained after FAS’s debts had been paid off. 
 
Advise the FAS’s treasurer on the proper disposition of the surplus funds. 

Question Three 
 
You are a lawyer at Arden LLP. Rachel is Christopher’s executrix. Christopher died last week. Prior to his death Christopher worked for 40 years as a nurse in hospitals across the UK. 
 
Rachel attends your office for advice on the validity of the bequests in Christopher’s will. All will drafting formalities have been complied with. 
 
Christopher’s will include the following clauses: 
 
•20 bottles of vintage port from my extensive collection of vintage port to each of my nieces. 
•£100,000 to my cousin George in the full confidence that he will use it for the benefit of my children. 
•200 of my 2000 shares in the Arden Jewellery Company Limited to my sister Doreen. 

Advise Rachel. 
The bulk of the residue to my executors for such of the patients I have treated over my career as the executors should think fit.