Question
Read the PDFs and the brief audio recording transcription which accompany this assignment.
They comprise the following:
a flyer
a website (client information)
a draft will
a letter
an answerphone message
an email.
You are to assume the role of Priscilla Firmly, a partner in the firm of Skill, Patience, Justice & Co. Solicitors. In that role, you are asked to advise the lay client, Mr Theophilus York, on the questions which he has asked you in these documents and in the audio recording.
Assignment brief
This assignment consists of a problem-based learning question which is very similar to a problem-style question. However, this part requires you not only to ascertain the relevant facts of the scenario but also to identify for yourself the specific questions upon which you are being asked to advise, as well as both the legal issues which arise from those facts and the legal principles which apply to those issues.
To complete this assignment, you will need to draw on knowledge gained from Units 9, 10 and 11, and Chapter 4 ‘Certainty’, Chapter 15 ‘Fixed Trusts’, Chapter 16 Sections 1 ‘Introduction’ to 4 ‘The validity of powers of appointment’ (inclusive), Chapter 17 ‘Discretionary trusts’, and Chapter 11 ‘The role and status of charities’; Chapter 12 Sections 1 ‘Introduction’, 2 ‘Defining charitable trusts’ and 7 Subsections 1 ‘General principles’, 2(c) ‘Assessing benefit in the light of modern conditions’ to (g) ‘Impact of conditions or restrictions on benefit’ (inclusive); and 3 ‘Public benefit in particular circumstances’ and Chapter 13 ‘Control and regulation of charitable trusts’; of the module textbook – Equity, Trusts & Land Law (Oxford University Press, 2020)
Part 1 requires you, in the role of Priscilla Firmly, the solicitor, to advise the client, Mr Theophilus York, on the questions which he has asked you. In order to identify those questions and explain the relevant legal issues which are raised by the factual scenario, you will need to read the accompanying PDFs and the audio transcription very carefully in chronological order.
The factual scenario requires you to advise Mr Theophilus York in two stages.
Stage 1
After reading the answerphone message transcription from Mr Theophilus York.
Stage 2
After reading the email from Mr Theophilus York to Priscilla Firmly.
Your responses to both the answerphone message and the email should be in writing and contain a full explanation of the reasons for any advice that you give. As you are asked to assume the role of Ms Priscilla Firmly in advising Mr Theophilus York, your answer and responses should be written in the first person.
The total word count of your answer, that is to say of your combined responses at Stages 1 and 2, should not exceed 2000 words.
You are not required to refer to or consider or advise upon questions of tax law so that is neither necessary or relevant for any student to consider the effectiveness or otherwise of any proposed tax avoidance scheme.
Learning Outcomes
- Identify and explain the meaning and requirements of the concept of certainty of intention
- Identify and explain the meaning and requirements of the concept of a charitable trust
- Identify and explain the means of control and supervision of a charitable trust
- Identify and explain the meaning and requirements of the concept of certainty of objects
- Critically analyze and evaluate these concepts and requirements, while applying them to the factual scenario of a question
- Critically analyze the wording of a legal document and identify the legal issues which are raised by that wording
