You receive an email from Anthony Williams, a new client who is a referral from the commercial
Question:
You receive an email from Anthony Williams, a new client who is a referral from the commercial department of your firm.
In his email Anthony explains that he used an online service to draft his will (attached to his email) and will call you later today or tomorrow as he has some questions he would like you to answer.
Anthony's draft will is reproduced below.
Will 1. Identification and revocation I, Anthony Williams of Greenways, Hinchley Wood, Surrey KT10 0QD revoke all former wills and declare this to be my last will ("my Will") which I make on the 22th of June 2023. 2. Executrix and Trustee I appoint as my executor and trustee my daughter Michelle Williams of Oatlands, Douglas Road, Esher Surrey KT10 8BA ("my Trustee"). 3. Legacies 3.1.I give five thousand pounds (£5,000) to my Trustee to distribute equally between my oldest friends, so they can have a party to celebrate my life. 3.2. I give ten thousand pounds (£10,000) to my sister Maya Jones, hoping that she will share some of it with her daughter Naomi when she turns 18. 3.3. I give ten thousand pounds (£10,000) to my Trustee to hold on trust to look after my beloved labrador 'Monty'. 4. Gift of residue I give my residuary estate to such of my children, Michelle and Jamal, as attain the age of 30 years, and if more than one , in equal shares, provided that if neither attain the age of 30 years then for The Seafarer's charity UK (registered charity number 226446).
You will recall from the advance facts that you received an email from Anthony Williams attaching a draft will. Anthony calls you today. He wants to know if the legacies in the draft will are valid. If they are not valid, Anthony would like you to suggest any necessary amendments.
Anthony also tells you that he is one of the beneficiaries of his father Xavier trust. Xavier William's valid will left his whole estate 'on trust for Anthony for life and then for such of my grandchildren, Michelle and Jamal, as attain the age of 25 years, and if more than one in equal shares". The trust provides that if Michelle and Jamal were to die before age 25, the estate will go to a registered charity.
Michelle and Jamal are 25 and 23 years old respectively. Anthony asks you if it's possible to end Xavier's trust, as his children are keen to have some of the capital. Anthony is happy for the trusts to be brought to an end and for his children to receive some capital.
Explain whether Xavier's trust can be ended. use UK law and uk equity law |
Auditing An International Approach
ISBN: 978-0071051415
6th edition
Authors: Wally J. Smieliauskas, Kathryn Bewley