Summative Coursework Question
You are a trainee solicitor working at Baal & Moloch Solicitors. Angela Hernandez has written the following letter to you:
Dear Solicitor
I require legal advice with regard to the following scenario. Earlier this year, my friend Wilma died. In her will she appointed me to be her executor and trustee.
Wilma’s will says:
a) I leave £50,000 to my friend Marshall Law, hoping that he will use the money to treat all my friends;
b) I give my best classic cars to my daughter Poppy Cox. The other cars can go to the scrapyard;
c) £500,000 is to be held on trust to be distributed at the discretion of my trustees amongst short people who live in the Midlands;
d) Everything else is to go to my boyfriend Marius Quick. Last year in November, Wilma had a win on the lottery. It was generally known to be a big win, but I’m not sure exactly how big. Wilma told me that due to her good fortune she had decided to give away some of her property to friends and family.
In December last year Wilma telephoned her daughter Poppy and said “I am going to give you my seaside cottage “Bog View” because I don’t need it any more”. Wilma made an appointment to see her solicitor on 14th February 2021 to sort out the cottage paperwork, but in the meantime Wilma had done a drawing of the cottage which she sent to Poppy in the post with a message saying “this is for you – so excited to be giving you the cottage!!!!xoxox :)”.
In December Wilma also called round to see her brother Bobby. Wilma told Bobby that she was going to give him her equitable interest in the family trust fund as she had enough money now and she did not need it any more.
When she got home, Wilma telephoned her solicitor to tell him that her equitable interest in the trust fund was being henceforth held for Bobby. Wilma intended to do the paperwork for this in the appointment with her
solicitor on 14th February 2021.
Wilma sadly died in a tragic road traffic accident on 10th February 2021.
Could you advise me on the validity (or otherwise) of all those clauses and whether I am able to distribute the property according to Wilma’s wishes.
Yours sincerely
Angela Hernandez
1313 Mockingbird Lane
London
Instructions to students
Prepare a reply in accordance with the guidance below.
COURSEWORK TASK: COMPLETE BOTH PARTS
1. Write a letter to Angela Hernandez in plain English giving the advice requested in the scenario.
AND
2. Write a separate legal note setting out the legal principles on which your advice is based.
You may assume that Wilma’s will is valid, and that there are no circumstances which would give rise to any reason to challenge the will itself. You do not need to advise Angela on the validity of the will, or any matters arising under the Wills Act 1837.
3. The word limit for this coursework is 2500-3000 words overall. The 10% principle applies so the absolute maximum number of words is 3300. Footnotes, bibliography and case list do not count towards the word limit.
Part 1 – CLIENT LETTER
1. The letter should follow the usual conventions, having an address, date, salutation (Dear…) and appropriate close (Yours…). In addition to your name/signature at the end please also put your ID number.
2. As a guide you should aim for a maximum of 2-3 pages of A4 including headings and signature for your letter.
3. The tone of the letter should be appropriate – polite, formal but friendly, clear and grammatically correct.
4. You should try to avoid the use of ‘legalese’ – technical legal language. You may need to use a word or expression which might be unfamiliar to the client, but if you do, you should then explain it as best you can. Remember that Angela is not a lawyer and she has had no legal training.
5. No party in this scenario can claim under the Inheritance (Provision for Family and Dependants) Act 1975.Your letter should not discuss any such claim.
Further, you do not need to mention professional ‘client care’ matters (costs, complaints, and responsibility for the file.)
Part 2 – LEGAL NOTE
1. The aim of the legal note is to let the marker know that you have identified and grasped the relevant legal points (which you have explained in the client letter in plain English.)
2. The note should be addressed to your Senior Partner, and thus it may contain words and expressions that lawyers are familiar with, should include correct case/statutory references, and could indicate areas where further research
might be desirable.
3. As a guide you should aim for around 2-3 sides of A4 for your legal note.
4. Your legal note should contain all of your legal authorities, but you should also do a case list at the end of your work, in addition to a bibliography. You may use footnotes if you consider it appropriate.
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