Will and Testament

Information That Should Be Obtained from Edith Surnam to Assist in The Drafting the Will

$$ Details of the grandchildren: Provide names and birthdates of each grandchild. This should include the full names of the children and their current marital status.

$$ Details of personal items: Create a list of personal items that Edith Surnam wants to be bequeathed to various individuals. The list should include the beneficiaries and directives to the estate trustee

$$ Estate division based on her preferences: Described how Edith Surnam wants the proceeds from the residential building shared among her children. Include any other assets as per her wish.

$$ Hooks care: Identify and select the person to take care of Edith Surnams$$ cat, Hook. This is the person upon which the $$20,000$ will be provided to$,$ accompanied with specific instructions on how to take care of the Hook$$s health and welfare.

$$ Cremation wishes: Provide specific instructions detailing her preference for cremation and how ashes will be stored or disposed.

$$ In$-$laws: Include the reasons for excluding the daughters$-$in$-$law and the sons$-$in$-$law from Edith$$s estate.

$$ Estate trustee: Provide the preferred estate trustee, who is Pariss, her eldest daughter. Her youngest son, Vambola, shall take over the administrative responsibilities of the estate, if Pariss is unable or not willing to act as the trustee. Vambola will equally take over if Pariss shall predecease Edith.

Clauses

Below are some of the clauses that should be incorporated into the Will:

$$ A clause for the grandchildren: The purpose of this clause to ascertain that each is given $$10,000$ after attaining a full age of twenty$-$one years. The clause shall equally clarify the interim use of the income towards benefiting the children.

$$ Residential property clause: The purpose of this clause is to provide instructions on the sale of the rental property and how the proceeds shall be distributed among the children.

$$ Residue distribution clause: The purpose of this clause is to ensure that the residue is divided equally among Edith$$s four children. There shall be instructions for the deceased child$$s share to be given to the grandchildren.

$$ Pet trust clause: Its objective is to establish a trust for the care of Hook upon Edith$$s death.

$$ Cremation clause: Shall clause shall contain specific information regarding Edith$$s preference for cremation.

$$ A clause for the exclusion of the in$-$laws: The purpose of this clause is to ascertain the daughters$-$in$-$law and the sons$-$in$-$law are not included into the share of the Edith$$s estate.

$$ Personal items clause: The purpose of this clause is to specify the person to be given Edith personal items including her father$$s pocket watch and the oil painting. It shall empower the person appointed as the estate trustee to give the remain items to the significant others.

$$ A clause for the estate trustee appointment: The purpose of this clause is to appoint Pariss as the primary estate trustee. Meanwhile, Vambola will take over the trusteeship under specific circumstances as enlisted in this clause.

To: Edith Surnam

From: Alexander Furguson

Date: $9$th February, $2024$

Re: Legal Memorandum on Pet Trust for Hook

Dear Ms$.$ Surnam,

We appreciate the opportunity you have accorded to us$,$ Credible Criminal Defense firm, regarding the establishment of a Pet Trust for your cat, Hook. As such, this Memorandum seeks to provide you with legal recommendations and insights as far as the feasibility of your wish is concerned. Based on your wishes, Credible Criminal Defense firm wishes to inform you that, while a Pet Trust of $ $20,000$ for Hook is a noble move, it might raise legal considerations as viewed within the confines of the law.

Analysis

The validity for pet trust is unquestionable in this case. However, Credible Criminal Defense firm wishes to inform you that the law treats pets as properties. The funds, $$20,000,$ will therefore attract legal scrutiny. Instead of allocating funds for your pet$$s care, here are alternative approaches that can be used to avoid raising legal issues;

$$ Condition bequest: A conditional bequest should be drafted instead of establishing a trust for Hook. The conditional bequest shall allocate specific amount that will be used to take care of Hook. The remaining amount shall be redirected to the estate upon Hooks death.

$$ Appointment of a pet guardian: Hooks guardian should be named in the Will. The specific person named in the Will shall be accorded obligations to take care of Hook.

Recommendations

Based on the fact that, establishing a pet trust will attract legal scrutiny, we recommend an appointment of a pet guardian or a creation of a conditional bequest as a way of fulfilling your intentions for Hooks wellbeing.

Yours Sincerely,

Law Clerk.