Question 1: 1000 words (50 Marks)
The Judicature Acts of 1873 and 1875 abolished the Common Law and Equity Courts
and replaced them with a single High Court, whose divisions can apply both common
law and equity rules and principles. The elimination of the division at the court level
has led to proposals to eliminate the distinction also at the law level. According to this
view, equity should not be separate from common law and the two should be fused.
Do you agree with these proposals or are you in favour of the separation?
Support your answers by appropriate references to the relevant literature.
Question 2: 1000 words (50 Marks)
In September 2021 Waqar was in hospital awaiting heart operation, which the doctors
warned would be “very risky”. Fearing the worst Waqar decided to make some
arrangements for his estate by drawing up a will. Waqar, who had already transferred
properties to his children, also owned a number of land properties in West Yorkshire
LAW6002 B–Equity and Trusts LLB– main assignment 2021/22
and significant investments in bonds and shares. He decided to set up two discretionary trusts and transfer all his remaining estate to them. From his bed in hospital, he wrote a note which he signed and placed in a sealed envelop. Waqar’s brother delivered the envelop to the solicitor’s office in the next day.
In his note Waqar wrote that he wanted the discretionary trusts to have immediate
effect. The solicitor would be appointed as Waqar’s trustee for the first trust, which
would be managing all his land properties. For the second trust, which would be
managing Waqar’s investment portfolio Waqar wrote that he was seeking a trustee with sufficient knowledge and experience and that until that time he would be holding
himself the investments as trustee. Both trusts were for the benefit of Waqar’s poor
friends and neighbours who supported him during the prolonged period of his heart
problems. Waqar’s operation took place a week after his note was delivered to the
solicitor’s office. The complex operation was not successful and Waqar, sadly, died in
the next day.
The solicitor, who was on a holiday to Bali when the note was delivered to her office,
did not read it until two weeks later when she returned to UK.
After his death Simon and Marina, two of Waqar’s neighbours who were receiving
unemployment benefits sent a letter to the solicitor asking her for financial support
from the trusts as beneficiaries.
A few days later Waqar’s daughter, Ifra, sent a letter to the solicitor asking her not to
give any money to Simon and Marina because the trusts were not valid, as they were
lacking certainty. Ifra also claimed that the trusts were not properly constituted.
You are Waqar’s solicitor and you are asked to advise Simon, Marina and Ifra on the
following issue.
a) If the two trusts meet the requirements of certainty
b) If the two trusts have been properly constituted
Depending on your advice on the above issues further advise Simon and Marina if they are eligible for financial assistance from the trust.
