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1 . Gordon died in 2 0 1 7 , having appointed your bank as executor and trustee of his will. Under the terms of
Gordon died in having appointed your bank as executor and trustee of his will. Under the terms of the will, his son Adrian is to receive the income for life from the residuary estate. Adrian was when his father died and, under the further terms of the will, he is given a power of appointment over the trust after his own death in favour of his own issue in such proportions and in such manner as he may by deed or will decide.
In default of the exercise of this power, the capital will pass to a named charity.
a Adrian has explained to you that his wife has recently given birth to a son, Harold. He has made a brief will leaving all his estate to Harold. Discuss whether Harold will also receive Gordons residuary estate
b Adrian asks whether he could leave a life interest in Gordons residuary estate to Harold with its capital eventually passing to Harolds children. Discuss whether this would be a valid way of exercising the power.
c Adrian indicates that, when Harold is he has it in mind to appoint the capital to him by deed, and then share the capital with him immediately so as to frustrate his late fathers intention that Adrian should never be able to obtain any capital. Discuss whether he could do this
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