Question
Sally died last week and her executor, her brother, Matt, has come to you for advice on various matters. Sally made and executed her valid
Sally died last week and her executor, her brother, Matt, has come to you for advice on various matters.
Sally made and executed her valid will a month before she died. In addition to appointing Matt as executor, the will contained the following provisions:
- I give 30,000 to my brother, Matt, knowing that he will use it to continue the care of our former nurse, Miss Talley.
- I give 1,500 of my shares in Lanford Ltd to my executor on trust to use the income to provide pottery classes for anyone living in the town of Friedwood.
- I give 10,000 to my executor on trust to care for my beloved horse, Claris, for as long as the law allows.
- I give 20,000 to my executor to hold on trust for such deserving and talented potters in West Wales as he may appoint but in default of appointment for Arts Refuge (a registered charity).
- I give the rest of my estate in equal shares to my children, James and William.
Matt tells you that Sally owned 3,000 shares in Lanford Ltd when she died.
Additionally, Matt is aware that, following a series of burglaries in her neighbourhood, six months before she died, Sally delivered her collection of original Frankoma pottery to her then girlfriend Alice for safe keeping. By the time Sally died, the relationship with Alice had ended, but Alice is now refusing to return the pottery as Alice maintains Sally gave the collection to her as a gift.
Matt asks you to explain the effect of:
- Clauses 1, 2, 3 and 4 in the will, and
- Sally's lifetime transfer of the Frankoma pottery to Alice
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