Part A
Yasmine made her Will many years before she died this year. It contains the following provisions:
a. My Hastings flat to my two sons equally in full confidence that they will enjoy it as a summer home and pass it on to their children in equal shares
b. My sister may choose and retain absolutely one of my two horses. The other one shall go to my brother.
c. My golden broach to my dear friend, Jasvinder.
d. £5,000 shall go to Syrian refugees to be shared by my trustees Sam and Bert as they think fit.
e. My garden tools to my eldest son and any that he does not need shall go to my younger son.
f. My residuary estate shall go to my grandchildren in equal shares
Your research reveals
It is estimated that there are about 20,000 Syrian refugees in the UK
Yasmine’s sister died before choosing a horse.
Yasmine is known only to have ever had one friend called Jasvinder. A letter addressed to Jasvinder was attached to the Will and directs her to provide the golden broach to an old university friend, Malcolm.
Two months before her death, Yasmine completed a stock transfer form to give her shares in Barclays Bank to her eldest son, to hold on trust for his daughter, Sara. The form was sent to HMRC for stamping but has not yet been received or approved by the Bank.
Advise the Executors about the validity of all of the dispositions and the rightful ownership of all the property, including the shares in Barclays Bank.
PART B
Sam and Deborah agreed to purchase a house, 15 Green Lanes, from Jonathan for £500,000, on condition that he left a crystal chandelier in the dining room. On exchange, the contracts omitted to mention the crystal chandelier. Jonathan noticed the error but didn’t say anything about it. The conveyance was completed and registered with the Land Registry.
a. When Sam and Deborah moved in to the house they were disappointed to find that Jonathan had removed:
i. The crystal chandelier.
ii. Cupboards and shelving from the kitchen.
iii. A statute of a his dog and a heavy stone sundial from the front garden
Explain to what extent Sam and Deborah might be able to make a claim for these items and what remedies might be available to them.
b. Deborah found Jonathan’s mobile phone which he has accidentally left in the bathroom and Sam was excited to find 6 silver Viking coins when he was gardening at their new home at 15 Green Lanes.
Explain who has the best legal rights to these items of property.
