Oti now wants to know if clause (b) in Gorka’s will is valid and what she should do with the residue of Gorka’s estate. Advise Oti on both these matters.

Assignment

Foundations of Property Law

Word Limit: 1500 words
This excludes bibliography and footnotes. Footnotes may only contain citations; no other text or argument development. If you exceed the word count, marks will be
Instructions:
–       You must include an accurate word count on the cover and feedback sheet.
–       Your submission MUST be in MICROSOFT WORD format (.docx or .doc). Other formats will not be marked.
–       Number your pages.
Formatting:
–          Font must be 12 point or more.
–          Text must be double-spaced.
–          The document must have a 1 inch margin around the whole page
.

QUESTIONS BELOW

Question

Oti is your client and she seeks your advice on two matters:
a.      Oti has recently acquired the legal freehold to “Garden Cottage”, title to which is registered. Garden Cottage is a small house with a large garden. Oti acquired the legal freehold title to the property from Emily.

Emily acquired the freehold to Garden Cottage in the 1970s from Lisa, who built Garden Cottage on farmland she owned. After she built Garden Cottage, Lisa carried on living in the adjacent farmhouse and retained the freehold title to the land on which the farmhouse is situated.

When Emily acquired the freehold to Garden Cottage, the deed transferring the title to her included a covenant under which Emily promised Lisa that she would only use the house as a private residence for a single family. Oti now wants to know if the covenant in the transfer deed is binding on her.

b.      Oti’s brother, Gorka, died in March 2021. A few years ago, Gorka made a will in which he appointed Oti as the executor of the will. Gorka’s will complied with all the formality requirements for the creation of a valid will.

Gorka’s will contains the following clauses:

(a)   I give £50,000 to my partner, Anton.
(b)   I give the residue of my estate to my sister Oti to hold on the trusts which we have discussed.

Before he made his will, Gorka gave Oti an envelope and said, “When I’m gone, there’s something that I’d like you to do. When you look at my will, you’ll see that I’m leaving a few bits for you. The letter in this envelope tells you what I want you to do with those things, but please don’t open the envelope until I’ve died.”

After Gorka died, Oti opened the envelope and found a letter that instructed her to hold the residue of Gorka’s estate on trust for his friend, Luba. Luba died in February 2020.

Oti now wants to know if clause (b) in Gorka’s will is valid and what she should do with the residue of Gorka’s estate.

Advise Oti on both these matters.

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