Question
Connor Reid died recently. In his Will, he established a trust for his niece, Marlene, for life, remainder to Marlene's children, Joely and Poppy, in
Connor Reid died recently. In his Will, he established a trust for his niece, Marlene, for
life, remainder to Marlene's children, Joely and Poppy, in equal shares. The Will contains
no express provisions in relation to investments, maintenance, or advancement. The
property put into trust by Connor Reid included 100,000 in cash and a watercolour
painting. Connor appointed his friends, Tanya Jones and Steven Bradley, to be the
trustees. Tanya is a nurse and Steven is a surveyor.
Marlene is a single parent, aged 46. She works full time, earning a salary of 32,000
per year. Marlene is managing financially on her salary, though she would like a modest
income from the trust fund, to pay for holidays and other luxuries.
Joely is aged 22 and has recently graduated from university with a master's degree in
Photography & Business Management. Poppy is aged 20 and is currently at university.
The trustees took advice from Anderson Roland, an investment firm with experience in
offering advice to trusts. Anderson Roland recommended that the trustees invest the
100,000 cash in the Capability Balanced Fund (the Fund). The Fund comprises a range
of bonds and listed company shares.
Anderson Roland also recommended that the trustees seek a professional valuation of
the painting from an art expert, with a view to selling it and then investing the proceeds
in the Fund. The art expert valued the painting at 5,000, though she warned the
trustees that they would struggle to find a buyer, because there is no demand for
paintings by this artist. The painting will be offered for sale at an appropriate auction
next month, though the auction house has confirmed the art expert's opinion that it
probably will not sell. The auction house has recommended a reserve price of 4,000, to
protect against very low bids.
On Thursday of last week, the trustees emailed the beneficiaries to update them on the
investment and the auction, and received replies from each of them. After that, the
trustees had an email exchange just with each other. Please see the attached case
study for copies of the emails.
You are the lawyer for the Trust. The trustees have requested advice on (1)
how they should proceed in relation to the painting
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started