Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Marge is a successful author, and is married to Homer, a barrister. Marge and Homer have two children, Bart and Lisa. Bart is a professional

Marge is a successful author, and is married to Homer, a barrister. Marge and Homer have two children, Bart and Lisa. Bart is a professional skateboarder. Lisa is at university studying law. Marge and Homer own separate property.

Marge owns:

  1. $100,000 in a current account with Big Bank
  2. Four paintings by the renowned artist Rhett Brightly
  3. A beach house in Byron Bay
  4. The sole beneficial interest in 1,000 Telco shares.

Homer owns:

  1. A yacht valued at $200,000
  2. A share portfolio valued at $1,000,000

In January 2017 Marge discovered she was terminally ill and only had 12 months to live. Knowing she had limited time left, she set about making arrangements concerning her property. First, she wanted to throw a big party for her friends. After a few drinks, she made the following announcement to those gathered:

"To my agent Smithers, as payment of the fees I owed him for his services, I wish to give one half of the $4,000 debt owed to me by Duff Publishing Inc., for my participation in a literary festival last year, plus any royalties that I may receive from the sales of my latest book 'The Harpooned Heart' which will be released next year".

Marge also wanted to give a benefit to Edna Krabappel, the cleaning lady employed by Marge and Homer since 2000. Marge rang Mr Burns, a friend who was a professional trustee, during the party and directed him to hold her beneficial interest in her Telco shares on trust for Edna. Mr Burns replied that Marge should perhaps put the direction in writing. Marge agreed, however forgot to do so.

Marge then prepared a will. The will contained the following clauses:

  1. My trustee is to hold half the paintings on trust for Lisa. He will hold the rest on trust for sale, with the proceeds being used to promote literary appreciation among the young people of Sydney.
  2. My beach house in Byron Bay is for Bart, subject to Bart making sure that my sister Patty is well looked after.
  3. I leave $50,000 to my trustee to distribute amongst my dependants and their children, with each person receiving between $200 and $2000.
  4. The residue of my estate is to go the Smithfield Literary Society, a registered charity.

Homer found out last week he has another son Millhouse, from a previous relationship, whom he has never met. Homer confessed the news to Ned Flanders, his neighbour, but didn't want Marge to find out. He said to Ned: 'If anything happens to me I want you to give the boat I am leaving you in my will to Millhouse. Will you do that?' Ned agreed. Homer wrote a letter to Millhouse and told him what he had arranged.

Last week, Marge and Homer were killed in a tragic boating accident.

Homer also had a will. The will provided:

  1. I give my boat to Ned Flanders trusting he knows what to do with it.
  2. I leave my share portfolio to Mr Burns upon trust to be sold and the proceeds to be divided equally between such of the issue living at my death of my four grandparents.
  3. I give the remainder of my estate to my children Bart and Lisa.

(1) Advise Smithers and Edna Krabbappel as to whether the dispositions made by Marge during the party are valid.

(2) Advise the executors as to the distribution of Marge's and Homer's estates.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Elliott And Quinns Contract Law

Authors: Frances Quinn

12th Edition

1292251409, 978-1292251400

More Books

Students also viewed these Law questions

Question

why do assets expenses and dividends have a debt balances

Answered: 1 week ago