Wills and Administration of Estates 7LAW1094

You are a trainee solicitor in the firm of Edmunds, Stones and Hassell, 5 Low Street St Albans AL1 7YY. The firms SRA number is 56489; the Senior Partners are Ralph Edmunds; Christopher Stones and Serena Hassell.

You have received a memo from your Senior Partner involving three DIFFERENT scenarios and are to respond as instructed.

Section A

Memo From: Senior Partner Serena Hassell

To Trainee Solicitor

Date: 19 March 2024

You will be aware that the firm wishes to open up a Probate and Administration Department.

Please draft a memo to me explaining the following:- (not more than 2 sides of A4)

• The legal effect on a will (if any) if the testator subsequently marries (or forms a civil partnership) or later divorces (or dissolves a civil partnership);

• We are acting for a client Maurice Silverman. His parents Alan and Elisa both died together in a horrific car accident three weeks ago. Their bodies could only be identified using dental records. They made mirror wills leaving everything to each other but with different remainder interests on the second to die.

The fathers will stated in part:

(7) I hereby leave the rest and residue of my estate to my wife Elisa Silverman, provided that if my wife fails to survive me my rest and residue of my estate shall go to my daughter Isobel Silverman of 10 The Grove St Albans AL1 9AB.

The mothers will stated in part:

(6) I hereby leave the rest and residue of my estate to my husband Alan Silverman, provided that if my husband fails to survive me my rest and residue of my estate shall go to my son Maurice Silverman of 35 Mountain Drive Hatfield AL10 9AB.

Please advise me as to whom is entitled to the residuary estates of Mr and Mrs Silverman and any further information that you might require. Please also advise if the problem you identify could have been remedied by a clause in the will.

• We have a client Mrs Eleni Jackson who has been left the sum of 425,000 in her father Jason Kazakoss will. The remainder of her Fathers will has been left to her mother Athena Kazakos. The estate of Jason Kazakos has attracted an inheritance tax bill of 40,000 based on Elenis share of the estate. Please inform me as to what legal mechanism might be available to Eleni to negate or minimise this tax that is due.

{Note to students: please remember you are writing a memo to the senior partner, not to the client directly]

Section B Will Drafting (not more than 2 sides of A4)

You have received a copy of the home-made will of a client Emily Bronte of 65 Houston Drive St Albans AL1 8HH(see Document 1 below). Mrs Brontes husband Heathcliffe is still alive and lives at the same address. They own the property jointly according to the Proprietorship Register at the Land Registry.

Mrs Bronte has requested that our firm redrafts her will according(where possible),to the following instructions including any legal or best practice requirements that should be included in a professionally drafted will. Any gifts in the original will that have not been amended or altered in the instruction should (if possible) remain.

Instructions

• Mrs Bronte wants to appoint Leslie Daniels (of 6 Leeds Lane Hatfield AL10 9AB) and Ruth Cope of 54 Prospect Drive St Albans AL1 8GG as trustees and executors. though if both have predeceased or are not mentally competent your firm is to act as substitutes.
• If Leslie Daniels predeceases Mrs Bronte, she desires the residuary estate to be held by Leslies son Matthew (aged 20) at the same address as Leslie.
• The St. Albans Ladies Bowls Society has recently dissolved and so Mrs Bronte wants this gift to go instead to the NSPCC for its charitable purposes.
• To give 50,000 to her brother-in-law Roderick Bronte.
• To have Leslie Daniels as a witness to her will
• To amend any other clause in the will in order to give legal validity or clarity to that clause.
• To add any other clause or wording necessary for giving validity or good practice to the will.

Section C

Client Letter (Not more than 2 sides of A4)

Please write to Mrs Bronte (you may assume that your draft will is also enclosed) explaining the changes you have made, checking that the will complies with her wishes and how to properly execute the will. Please also give a preliminary view as to whether any inheritance tax might be due when she dies and whether any inheritance tax benefits would transfer to her husband. Mrs Brontes net estate is likely to be in the region of 1,200,000.

You should also include an explanation as to whether her share of the house would pass as per her will (she owns the property jointly with her husband) and if this is not the case, what legal procedures would be needed. You should also include a brief explanation as to how her executors could protect themselves from personal liability from unknown claimants.

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