Question
Rory, a solicitor who lived in County Armagh, died in August 2022 with assets valued at 300,000. He had been married to Ann for 35
Rory, a solicitor who lived in County Armagh, died in August 2022 with assets valued at 300,000. He had been married to Ann for 35 years and had been having an affair with Rachael for the past four years. In December 2020, he had executed a will in the following terms: "60,000 to my nephew Julian, to be held upon the trust which I will communicate to him. The residue of my estate to my wife Ann." In March 2020 Rory called to see Julian and told him that he was to receive 60,000 in his will but that he was not to keep the money for himself. Instead, he was to hold it on trust. Julian nodded in response and Rory gave him an envelope explaining that it contained the name of the person to whom he was to give the money. He asked that the envelope remained sealed while he was alive. In May 2022, Rory executed a codicil to his will, in which he increased the legacy to Julian to 80,000. After Rory's death, Julian opened the envelope and found a piece of paper on which was written Rachael's name.
Advise Julian, with reference to relevant case law and academic commentary.
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