LLBQLD013D Equity And Trusts Assignment Arden University

Assignment Brief 

As part of the formal assessment for the programme, you are required to  submit an Equity Trusts and Wills time-constrained assessment. Please refer  to your Student Handbook for full details of the programme assessment  scheme and general information on preparing and submitting assignments 

Learning Outcomes

After completing the module you should be able to: 

• Analyse the rules, principles and remedies of Equity, Trusts and Wills,  drawing upon a range of primary and secondary source material to draft  effective clauses. 
• Examine in detail and explain judicial decisions in the area of Equity and  trusts. 
• Critically analyse and evaluate rules and principles, demonstrating awareness  of their social and practical context 
• Apply equitable rules, principles and remedies to case studies.  
• Graduate Attributes: Knowledge and understanding of chosen field.  Possess a range of skills to operate within this sector, have a keen  awareness of current developments in working practice being well positioned  to respond to change. 

NOTE: Your assignment should include: a title page containing your student number,  the module name, the submission deadline and a word count; the appendices if  relevant; and a reference list in OSCOLA format. You should address all the  elements of the assignment task listed below. Please note that tutors will use the  assessment criteria set out below in assessing your work. 

Assignment Task 

• This assignment consists of FOUR questions. You must answer all FOUR questions.  
• This is a time-constrained assessment. This means you have 24 HOURS to answer  the FOUR questions in the assignment. The 24 hour period starts at the time and  date given on page one of this assessment and ends at the time and date given on  page one of this assessment paper.  
• Each question is equally weighty carries equal marks.  
• Marks will be awarded for referring to supporting case laws and statutes where  appropriate, in your answer. 

Question One 

“An important part of the ability of the beneficiaries to control the trustees is their ability to force the trustees to account to the beneficiaries by way of giving information to them as  to the administration of the trust.” 

Hudson A Equity & Trusts (Routledge, 2016) p. 394 

Using relevant case law, discuss the extent to which you consider the provisions of the  Trustee Act 2000 achieve protection for both beneficiaries and trustees.

Question Two 

“The office of the Chancellor is to correct men's consciences for frauds, breaches of trust, wrongs and oppressions of what nature so ever they be, and to soften and mollify  the extremity of the law". 

Lord Ellesmere, Earl of Oxford's Case (1615) 21 ER 485 

Critically analyse the development of Equity within the English legal system. Examine the  development and application of Equity within that system in the light of the about quote.  

Question Three 

You are a lawyer at Arden LLP. You represent Victor, the trustee of Michael’s estate 
Michael, a former General in the Army and a highly decorated soldier for his many heroic  actions in battle against enemy troops, died in 2015. He was not married and had no  children. In his Will left his entire estate to be divided as follows: 

(i) 30% of his estate to the East Riding Hospital for retired ex-serviceman.

(ii) 15% of his estate to the Royal National Lifeboat Institute, a registered UK  charity. 

(iii) 15% of his estate to the Norfolk Youth Activity Group. 

(iv) 40% of his estate to Egalité International, a registered UK charity  championing the rights of people in war torn areas and refugees. 

Question Four 

You are a lawyer at Arden LLP. You represent Beatrice who has asked you to draft her  will. Read the attendance note provided on the next page. The attendance note includes  Beatrice’s personal details and instructions. Then draft Beatrice’s will.  

Your will should comply with the formalities required by the Wills Act 1837.