Equity and Trusts
PART A1) Elias died last week. He was a doctor and durin" rel="nofollow">ing his lifetime, had amassed a fortune as a documentary maker. He left the followin" rel="nofollow">ing legacy:
a) It is my request that £200,000 is to go to my partner Scathach to be at her disposal in" rel="nofollow">in any way she may thin" rel="nofollow">ink best. Particular regard must be had for the distribution of such min" rel="nofollow">inimal parts of it, to my youngest son Ambrose. The remain" rel="nofollow">inin" rel="nofollow">ing part of what is left she might consider givin" rel="nofollow">ing to my other two children, Matt and Lee but, she may also decide to treat herself to a round-the-world cruise in" rel="nofollow">instead.
b) I leave 950 of my 1000 shares in" rel="nofollow">in Roanoke Productions Ltd to my trustee Thomasin" rel="nofollow">in to hold on trust for Shelby. The dividends from those shares shall provide a reasonable in" rel="nofollow">income to any of the residents of Roanoke Island as Thomasin" rel="nofollow">in may select. As the oldest Roanoke resident, Thomasin" rel="nofollow">in is able to resolve any dispute about who is a resident.
c) The residue of the estate is to be sold and the proceeds divided between providin" rel="nofollow">ing a useful memorial to myself which is to be main" rel="nofollow">intain" rel="nofollow">ined so far as they can legally do so. The other half is to go to the Roanoke Wicca Association to assist in" rel="nofollow">in constructin" rel="nofollow">ing a new Island Coven (a place of worship) as gratitude for all the support they have provided to my partner Scathach.
(You may assume that the Roanoke Wicca is an Unin" rel="nofollow">incorporated Association).
With reference to the Three Certain" rel="nofollow">inties and non-charitable purpose trusts, advise the parties as to the validity of these dispositions and whether they can enforce performance again" rel="nofollow">inst Thomasin" rel="nofollow">in, the trustee.