Question
You are a solicitor. Dr Durham, a prospective client, approaches your firm with a will that she has written herself with the help of Google.
You are a solicitor. Dr Durham, a prospective client, approaches your firm with a will that she has written herself with the help of Google. She informs you that she intends the clauses to be effective as trusts and asks for your advice.
After naming and appointing two individual trustees, the will contains the following clauses:
Clause 1 - 'I give the sum of 350,000 to my brother Alphonsus Durham. It is my sincerest wish and my most earnest hope that Alphonsus will use 250,000 of that total sum of 350,000 for the benefit of my niece Bea and my nephew Dwayne by assisting them in such way or ways as Alphonsus sees fit.
Clause 2 - 'I give my valuable collection of 400 porcelain articles to my trustees to hold the same on the following trusts, namely as to 300 of my porcelain articles for my sister Patrice Durham absolutely and as to the remaining 100 of the porcelain articles to my brother Willard Durham absolutely.
Clause 3 -
- i.'Subject to the above I give the residue of my estate to my trustees to hold the same on trust after the payment of my debts, funeral and testamentary expenses as they think fit to pay or apply the income or capital to or for the benefit of members of the Anglican faith living in Melchester, Dorset, or within the surrounding areas of 20 miles therefrom in such sums and at such times and in such manner as my trustees shall in their absolute discretion think fit.'
- ii.'No trustee should be liable for any loss or damage which might happen to the trust fund or any part thereof at any time or from any cause whatever.'
I need to write a letter of advice to Dr Durham on the validity of the above clauses including what might need to change if they are to be effective.
Please note that none of the gifts above are intended to be charitable in nature and are all to be treated as private trusts. This needs to be 2000 word IRAC answer and I am aiming to gain 90% on the assessment.
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