Literature OSCOLA Assignment

Assessment task details and instructions

You are required to answer TWO questions in total. You must answer ONE question from Section A and ONE question from Section B.

Your answers must be fully researched and referenced as per OSCOLA; help and guidance is available via the following link: https://www.salford.ac.uk/skills-for-learning/home/using-and- referencing-information/referencing

Section A:

1.Advise and explain if the following dispositions are valid. If they are not valid, you must explain what will happen to the property.

Kafeel owns a house in Leeds. He telephones Caroline and asks if she will hold the house on trust for Jamila. Caroline agrees and so Kafeel executes a transfer deed and sends it, together with the necessary land registry forms, to Caroline. He follows up the conversation with an email which states:

'Dear Caroline. As discussed earlier, I do not need the Leeds house anymore, so I would like you to hold it on trust for Jamila. Yours, Kafeel.

Faisal is currently holding 100,000 shares in Glazerite Ltd for Kafeel. Kafeel telephones Faisal and tells him to hold 50,000 shares on trust for Samira and to transfer another 50,000 shares to Chloe. Faisal fills in a stock transfer form transferring 50,000 shares to Chloe. He intends to look for the share certificates later and so he puts the form in a drawer but forgets all about it.

The next day, Kafeel slips and hits his head. He is rushed to hospital, where he is visited by Daria. Kafeel says to Daria: 7 don't have long. Take my BMW. The keys are in my coat pocket, over there. At this point, Kafeel loses consciousness. Daria is escorted out of the room by a nurse before she can look for the car keys. Kafeel dies shortly afterwards.

Kafeel's validly executed will appoints Manisha as his executor. It directs Manisha to allow any resident of Blackpool, at any time within a year following his death, to choose a vinyl album from Kafeel's collection. The will leaves the residue of Kafeel's estate to a registered charity.

Section B:

1. Matilda appointed her ex-husband Dawson as trustee of her testamentary trust. Advise Syed and Nellie as to their daims in equity.

Matilda died in January 2022, leaving her estate worth £200,000 on testamentary trust for her partner, Syed. Matilda does not leave anything for two of her children, Lauren and Conrad.

Dawson has never liked Syed and believes that this is all very unfair on Lauren and Conrad.

On 1 February, Dawson withdrew £120,000 from Matilda's estate and deposited it into his current bank account ('the account'), which already contained £25,000 of his own money.

On 3 February, Dawson transferred £50,000 from the account to Conrad. Conrad had previously been told that Matilda would give everything to Syed and Nellie and so was surprised by this. Conrad decided not to ask any questions and simply accepted the money. Conrad used £10,000 on a big night out. He then used the remaining £40,000 to discharge his mortgage.

On 5 February, Dawson transferred E50,000 from the account to Lauren. Lauren knew nothing of Matilda's plans to leave her estate to Syed and therefore accepted the money without question. Lauren decided to donate the money to a local charity. The charity used the money to pay utility bills and make improvements to their buildings. On 15 February, Dawson asked his friend Jennifer for advice about a good investment. When she questioned him about the source of the money, Dawson mumbled an excuse that Jennifer found implausible. Nevertheless, she advised him to buy a painting, so Dawson used £15,000 from the account to buy one. Unfortunately, it is now only worth £5,000.

Dawson is also the trustee of an inter vivos trust, set up by Matilda, to benefit her youngest (and favourite) daughter, Nellie.

On 5 March, Dawson withdrew £10,000 from Nellie's trust fund and put the money into the account. The following week, Dawson decided to invest £20,000 in shares in a company that have now doubled in value.

On 27 March, Dawson used the remaining money in his account to pay off his credit card bills. The following day his salary was paid into his account Last month, Dawson was declared bankrupt.

Are you struggling to keep up with the demands of your academic journey? Don't worry, we've got your back! Exam Question Bank is your trusted partner in achieving academic excellence for all kind of technical and non-technical subjects.

Our comprehensive range of academic services is designed to cater to students at every level. Whether you're a high school student, a college undergraduate, or pursuing advanced studies, we have the expertise and resources to support you.

To connect with expert and ask your query click here Exam Question Bank