Question
On 1 May 2021, Charlie made the following oral statement to his mother (in front of witnesses): Mum, 1. As you know, Lucy has been
On 1 May 2021, Charlie made the following oral statement to his mother (in front of witnesses): Mum, 1. As you know, Lucy has been very short of funds lately. I have recently lent $50,000 to Lucy in order for her to pay the debt that is due and payable to Patty on 30 October, 2021. Lucy agreed with my request that she would keep the money safe until such time. Under our contract, the loan money is repayable by Lucy to me on 30 November 2021. I have heard that Lucy has now been declared bankrupt. I'm not sure that I will ever see any of the money again, but whatever rights I have against Lucy, I hereby assign them to you. 2. I hereby assign to you half of my claim to the royalties that I am to receive under my contract with Publishers, who have published my autobiography. On 1 June 2021, Charlie wrote a signed letter to his sister, Hilda: Hi Sis, I am not sure I will ever see any of the money owed to me by Lucy, but I just wanted to let you know that I assigned all my legal and/or equitable rights to the money to Mum. Charlie comes to see you for advice as to (i) his rights against Lucy, and (ii) the legal effect of the above-quoted statement and letter. Charlie has discovered that the $50,000 he lent to Lucy is still in Lucy's bank account. Advise Charlie. [15 marks] Charlie has also drafted the following will and seeks your advice as to the legal effect of each clause: 1. I leave at least three quarters of my collection of valuable paintings to Tom on trust to distribute individual paintings to such residents of Queensland who genuinely love to own art, as Tom shall select. 2. I leave my house at 17 Fugue St to Tom. I am quietly confident that he will sell the property and distribute the proceeds to my fellow graduates of law from Bond University, in equal share. 3. I leave $1,000,000 to Tom on trust to be used to promote my music, which is very much underappreciated to this time, to graduates of the Queensland Music School, as well as to publicly advocate for more government funding for, and improving curriculum in, music education. Advise Charlie as to the legal effect of each of the above clauses.
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