Part A
Yasmine made her Will many years before she died this year. It contains the following provisions:
a. My Hastings flat to my two sons equally in full confidence that they will enjoy it as a summer home and pass it on to their children in equal shares
(Comiskey v Bowring Hanbury [1905] AC 84 and Re Adams and the Kensington Vestry (1884) and Re Harrison (2006))
b. My sister may choose and retain absolutely one of my two horses. The other one shall go to my brother.
(Boyce v Boyce, Hunter v Moss [1994] 1 WLR 452 and Re London Wine Co Ltd [1986] PCC 121)
c. My golden broach to my dear friend, Jasvinder.
(Re: Keen [1937] Ch 236 and Wallgrave v Tebbs [1855] 2 K&J 313 McGovern v Grogan)
d. £5,000 shall go to Syrian refugees to be shared by my trustees Sam and Bert as they think fit.
(IRC v Broadway Cottages (CA) [1955] 1 Ch 20, McPhail v Doulton (HL) [1971] AC 424 and R v District Auditor, ex parte West Yorkshire Metropolitan County Council (1986) RVR 24 )
e. My garden tools to my eldest son and any that he does not need shall go to my younger son. – Find cases
f. My residuary estate shall go to my grandchildren in equal shares
(Palmer v Simmonds (1854) 2 Drew 221 )
Your research reveals
i. It is estimated that there are about 20,000 Syrian refugees in the UK
ii. ii. Yasmine’s sister died before choosing a horse.
iii. iii. Yasmine is known only to have ever had one friend called Jasvinder. A letter addressed to Jasvinder was attached to the Will and directs her to provide the golden broach to an old university friend, Malcolm.
iv. iv. Two months before her death, Yasmine completed a stock transfer form to give her shares in Barclays Bank to her eldest son, to hold on trust for his daughter, Sara. The form was sent to HMRC for stamping but has not yet been received or approved by the Bank.
(Milroy v Lord [1861-73] All ER Rep 783 and Re: Rose (1952) Ch 499 CA)
Advise the Executors about the validity of all of the dispositions and the rightful ownership of all the property, including the shares in Barclays Bank
