Draft a memo to me explaining the following: The effect on a will if the testator/testatrix subsequently re-marries or forms a civil partnership;

Legal Writing (7LAW1098)

Second Sitting 2021/22

 

Important Note:

There is no font size requirement it is up to you to determine what font size you would use in practice.

 

 

Answer ALL sections for Both Assessments

You are a trainee solicitor in the firm of Grudge, Blodge and Hasell, 5 Low Street St Albans AL1 7YY. The firm’s SRA number is 56489; the Senior Partners are Ralph Grudge; Christopher Blodge and Serena Hasell.

You have received a memo from your Senior Partner involving three DIFFERENT scenarios and are to respond as instructed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section A

Memo From: Senior Partner Ralph Grudge

To: Trainee Solicitor

Date: 19 March 2022

___________________________________________________________________________

You will be aware that the firm intends to open a Probate and Administration department.

Draft a memo to me explaining the following:

 

  1. The effect on a will if the testator/testatrix subsequently re-marries or forms a civil partnership;

 

  1. The effect on a will if the testator/testatrix subsequently divorces;

 

  1. A husband and wife have made similar wills in that on the first to die the survivor will inherit the deceased’s share. If the husband is the survivor, then on his subsequent death his estate goes to his sister. If the wife is the survivor, then on her subsequent death her estate goes to her brother. Please explain how the estates will be administered if both die together in a car accident and whether you would recommend any additional clause in the will to avoid any problem(s) you have highlighted.

 

  1. The legal effect of an alteration to a will.

 

[Not more than two sides of A4; do not use your real name]

 

 

 

 

 

 

 

 

 

 

 

 

Section B

(Memo from Senior Partner continued)

 

We have received a letter from Mrs Julia Clark of 21 Hague Way St Albans AL1 9RT. Her Father Terrance Stafford (a widower) of 10 The Mount Hatfield AL10 9AB has recently died intestate (his whole estate being approximately £1,200,000). Julia has no living siblings; her brother Albert died two years ago leaving a daughter Katherine who is 7 years old and being cared for by her mother Pamela Stafford. Terrance’s wife (Julia’s Mother) Selina Stafford died in October 2017 leaving all her estate to Terrance by a valid will.

 

Julia requests advice on the following:

  1. The procedure for administering her father’s estate and who will inherit the estate under the intestacy rules.

 

  1. The relevant methods as to how she as administrator, can protect herself from personal liability.

 

  1. Julia has a daughter Ellen Stafford of 6 High Road St Albans AL10 6HH who is 30 years old and has been estranged from Julia and the family for many years. Julia understands that Ellen is currently on state benefits and lives in a council flat. Apparently, Terrance had been making occasional payments to Ellen to help her with living expenses. Please briefly summarise as to whether Ellen could make any claims against Terrance’s estate.

 

  1. Whether any inheritance tax is payable. Julia would like to give if possible, some of her Father’s estate to her favourite registered charity and was wondering if there were any inheritance tax saving methods of doing this.

 

Write a letter to Mrs Clark advising her on the matters that she has raised.

 

[Not more than two sides of A4; do not use your real name]

 

 

 

 

 

 

Section C

[Memo from Senior Partner continued]

You are required to draft a will for Mr Clive Heath of 5 The Way Hatfield AL10 9AB. Please see Document 1 on the next page.

 

You may add any wording in the will to give legal validity to an instruction or omit any wording from the will regarding an instruction where legally necessary.

 

[Not more than two sides of A4; do not use your real name]

 

 

Instructions from Mr Clive Heath

 

Body I would like my body to be cremated.

 
Executors and Trustees Wife Trudie Heath and daughter Sloane Heath both of my address with your firm as substitutes.

 
Pecuniary Legacies £10000 to my wife Trudie in the hope that she will use the money to help my Aunt Jane Heath of 4 The Rise Hatfield AL10 9II.

 
£40,000 to the relatives and associates of employees of Droggs & Co Ltd of 9 Elland Road Leeds LS1 1RN on discretionary trust.

 
£2,000 for the maintenance of my pet cat Lacie.

 
  My rolex watch to my nephew Peter Heath of 56 Prospect Ridge Cirencester GL7 4NQ

 
Realty My share of my house to my wife for life and then to my two daughters Sloane Heath (same address as me) and Trisha Stevens of 7 Mansfield Drive St Albans AL1 1TT. If my wife should predecease me my share shall go to my two daughters. If either of my daughters should predecease me the survivor shall take their share.

 
Residue To daughters Sloane and Trisha in equal shares; if Trisha predeceases me her share is to be held in trust for her son Ralph Stevens until he reaches age 18. If Sloane predeceases me Trisha is to inherit Sloane’s share.

 
Administrative provisions Trustees to have powers in the Trustee Act 2000.

 
Witnesses My friend Robert Holmes of 9 Merck Way Hatfield AL10 7XX; my grandson Ralph Stevens.

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