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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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this questions concerns three certainties .. here are my

Customer Question

this questions concerns three certainties .. here are my question A FRIEND SHOWS YOU HIS DRAFT WILLS WHICH CONTAINS THE PROVISION SET OUT BELOW.EXPLAIN THE LEGAL PROBLEM ARISING FROM THE DRAFT WILL.INDICATING BRIEFLY HOW THEY MIGHT BE ADDRESSED A) 60,000 TO MY BROTHER JAMES ,THUS ENABLING HIM TO SET UP SUITABLE ARRANGEMENTS TO SUPPORT OUR AUNT ELIZABETH B) HALF OF MY COLLECTION OF VICTORIAN STAMPS IS TO BE HELD FOR MY NIECE KAREN UNTIL THE AGE OF 18 AND THEN DISTRIBUTED TO HER . C) 20,000 FOR MY EXECUTORS TO DISTRIBUTE THE INCOME AND CAPITAL IN SUCH SHARES AS THEY IN THEIR DISCRETION THINK FIT AMONG USERS OF BATTERSEA LIBRARY D) 5000 IS TO BE USED FOR THE   MAINTENANCE OF MY AQUARIUM OF TROPICAL FISH  


E) THE RESIDUE OF MY ESTATE IS TO BE HELD BY MY EXECUTORS ON TRUST TO APPLY THE INCOME FOR 21YEARS AMONG THE EMPLOYEES AND EX-EMPLOYEES OF PHILIPCO LTD AND THEIR FAMILIES AND THEREAFTER DISTRIBUTED AMONG SUCH CHARITIES BODIES AND SPORTING ORGANISATION AS MY EXECUTORS SHALL THINK FIT.. 

Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Aston Lawyer :

Hi there
I take it that this is for course work?
If so, I'm not sure if the question is asking you for ways on how the wording can be changed or whether it is just asking what would happen to these various legacies if the Testator died.

Aston Lawyer :

AL

JACUSTOMER-0cs3tvxu- :

THIS IS A PROBLEM QUESTION ON THREE CERTAINTIES ... WHAT THE QUESTION IS ASKING ME TO EXPLAIN THE LEGAL PROBLEMS ARISING FROM THE DRAFT WILLS .. BY STATING HOW THEY WILL BE BRIEFLY ADDRESSES

Aston Lawyer :

Thanks

JACUSTOMER-0cs3tvxu- :

PLEASE WHEN AM I GETTING MY ANSWERS ...

Aston Lawyer :

A. James is under no legal obligation to use this money for the benefit of Aunt. If the Testator had wanted this sum to be used for the benefit of Aunt, he should have set up a specific trust for Aunt within the Will, leaving the sum of 60K to the Trustees to be invested for the benefit of Aunt. As it stands, James would be free to spend this 60K himself, and Aunt would not legally be entitled to challenge him if he did this.

JACUSTOMER-0cs3tvxu- :

WHAT ABOUT THE OTHER PARRTS ASWELL .. BETWEEN U DIDNT PUT NO CASES

Aston Lawyer :

I was typing the other answers, but if you want case law, I'm not prepared to go that much into detail.

Aston Lawyer :

I'll opt out, but I doubt another expert is going to be prepared to spend a considerable amount of time researching and quoting case law for you.

JACUSTOMER-0cs3tvxu- :

YH JUST FEW CASE LAW WILL BE SUFFICIENT ..ITS A SEEN QUESTION EXAMINATION THAT I HAVE TO ANSWER YOU CAN JUST MENTION THE CASES IN EACH PARTS WILL GO IN DETAILS MYSELF THANKS

Aston Lawyer :

I'm opting out

JACUSTOMER-0cs3tvxu- :

ok thanks ..

JACUSTOMER-0cs3tvxu- :

will the answer be sent to my email ?

JACUSTOMER-0cs3tvxu- :

i need to get the answer please

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

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