Equity and Trusts

Instructions:        

Complete the task(s) set out below.

Word Limit:    

3000 words excluding footnotes, bibliography and other items listed in
Reg 6.83 of the ARU Academic Regulations.

Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (Regs. 6.81-6.82).

Referencing:   

Work must be completed individually (see ARU Academic Honesty Policy) and be properly referenced using the OSCOLA system.
It must include a Bibliography.

ASSESSMENT QUESTION

Imagine you are working in a law firm as a trainee solicitor. The firm’s Senior Partner is preparing for an important litigation. She assigns you the task to write a case note on the following:

Question: José, a wealthy émigré who was out of favour in his home country, settled permanently at an estate near Ely. He employed a young nanny by the name of Kellie. Having been attracted by Kellie’s charms, José decided to make her a gift of all his shares in Ely Football Club Ltd. In January, José signed the share transfer form and gave it, along with the share certificates, to his business adviser to arrange the transfer. José then told Kellie that she was now the owner of the shares. The business adviser promptly lost the paperwork.

In February, José – who was becoming increasingly fearful of an assassination attempt on his life – summoned Kellie. He said to her, ‘The key to my safe is hidden in my bedside copy of La Sombra del viento. Open the safe and inside you will find my on-line banking password, PIN, card and card-reader. I want you to withdraw a decent sum for yourself if anything happens to me.’ Next day, José was found dead on his patio.

José’s will appointed his wife, Julieta, as executrix and gave all his estate to her.

Kellie comes to your office seeking advice in relation to all of the above facts (assuming that the conversation about the safe is not contested).

Take note:

• Additional guidance on how to complete the tasks and readings relating to each specific task are set out on VLE (and discussed in class).
• Marks will correspond to the generic assessment criteria and marking standards for Level 5 work:

https://library.aru.ac.uk/module_guide/modguide_level5_asst_crit.pdf

Please familiarise yourself with these criteria.