Joshua Herewini of Somerby Cottage, Shepreth Lane, Shepreth, Cambridgeshire, a retired aerial
archaeologist, died last week aged eighty three. As one of the executors of his will, Juliet Lawrie, his
sister in law, has instructed Mrs Sarita Patel a solicitor of Pemberton LLP Solicitors to advise her on a number of issues that are concerning her regarding the deceased’s homemade will which was made on the 22nd May 1999.
He had made this will shortly after coming out of hospital following a contusion on the brain and a fractured jaw caused by him being knocked off his bicycle by a motor car.
Mrs Lawrie is not sure what her duties and responsibilities are regarding her being the executrix of
Joshua
Herewini’s will. Mr Herewini appointed two executors and the other person is Gretel Herewini his wife,
whom Mrs Lawrie knows divorced Mr Herewini in July 2008 and now lives in Trieste, Italy. She wants to know whether Mrs Herewini’s role will be same as her own role.
She has also noticed a page, torn from a notebook attached to the will which is signed and witnessed by
two persons and dated the 4th of June 2013. She wants to know what this document is and the impact it has on the will. In it Mr Herewini appears to have revoked a legacy of £110,000.00 [one hundred and ten thousand pounds] in his will that he left to a Ms Katina Smirnova. Mrs Lawrie has heard that this occurred one evening at a wine tasting party when in a state of intoxication Mr Herewini, had an argument with Ms Katrina Smirnova Mand had revoked this legacy of £110,000.00 [one hundred and ten thousand pounds] to Ms Smirnova. She wants to know is this valid or does she have to pay out this legacy to Ms Smirnova.
Mr Herewini has left the residue of his estate to his daughter Bethan Roy and his grandson Rhydian
Rhydderch. She knows that Rhydian lives in Beddgelert, Gwynedd, Wales, but at present does not know
where Bethan Roy lives, although she does know that Bethan was last heard of working in an archaeological site in Azerbaijan. Mrs Lawrie is concerned that Mr Joshua Herewini has spelt Rhydian’s surname incorrectly as ‘Rhiderch ’ in his will and whether this invalidates the legacy to him. She also wants to know how she can trace and inform Bethan Roy of her legacy and what steps she as an executrix can take to protect herself if she cannot trace Bethan Roy.
Mrs Laurie is concerned that the will has become frayed and is torn and she does not know how this
happened. The last five letters of the testator’s surname has been torn off along with the end of the date
the will was signed.
In the will, Mr Herewini has made a £100,000.00 [100,000 thousand pounds] gift to Mrs Lawrie but she
wishes to refuse the legacy of £100,000.00 [one hundred thousand pounds] as she doesn’t need the money and does not want to upset her own estate planning and tax position. She would like it to go to the Hawk Conservancy Trust. She is not sure what steps, if any, she would have to take to do this.
Please discuss the issues that arise in this case
You are not required to discuss the Inheritance (Provision for Family and Dependants) Act 1975.
Sample Solution