Institute of Legal Executives

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1 20 May 2009 PRACTICE PAPER 2B SUBJECT 16 Institute of Legal Executives LEVEL 3 PROFESSIONAL DIPLOMA IN LAW PRACTICE 2B SUCCESSION FAMILY PRACTICE TRIBUNALS ADMINISTRATIVE PRACTICE This paper is accompanied by Document 1 which relates to question 1 and Document 2 which relates to question 2. Answer ALL questions Time allowed: 2 hours The questions start over the page. Page 1 of 8

2 SECTION A: SUCCESSION You are a trainee legal executive with Messrs Martins of Old Bank Chambers Craven Hill Shrewshire CH1 3BC. You are working with Andrew Martin, the partner responsible for probate and succession work. 1. Mr Martin has recently taken instructions for the preparation of a new will for Raj Patel, the sole owner of a small successful manufacturing company. Mr Patel is a widower with two children. Both children are now adults and his son, Ish, works in the business. Mr Martin asked John Williams, a new trainee solicitor, to draft the will and he has now asked you to check it. The draft will, Document 1, is attached to this question paper. Explain: (a) (c) the nature of the gift of the silver tray contained in clause 3 of the draft will and the effect on the gift if the tray is given to his son by the Testator during his lifetime; (5 marks) the nature of the gift of a mantel clock contained in clause 4 of the draft will and the effect on the gift if any mantel clocks owned by the Testator are sold during his lifetime; (5 marks) the nature of the gift of a ruby pendant contained in clause 5 of the draft will and the effect on the gift if the Testator closes his account with the Shrewshire Building Society during his lifetime; (5 marks) (d) in the light of the information about Mr Patel s circumstances contained in this question, what relevant administrative provision does John Williams appear to have omitted from clause 8 of the draft will and what would be the purpose of this missing provision; (7 marks) (e) why John Williams has included clause 8(e) in the draft will. (3 marks) (Total: 25 marks) Page 2 of 8

3 2. Your firm has also been consulted by Odette Robinson, who saw Mr Martin yesterday. Odette s husband, Winston, died two weeks ago and the funeral was held last week. Odette believes that Winston never made a will and a search of the house revealed no evidence of one. Besides his widow, Winston s only surviving relatives are his two children, Stephanie (aged 18) and Claudette (aged 16) and his sister, Clementine. Odette brought with her a list of Winston s assets. See Document 2 attached. Explain, giving reasons: (a) what type of Grant is appropriate and who will apply for it; (8 marks) who will be the beneficiaries of Winston s estate and the nature and extent of their respective interests; (9 marks) (c) what documents will need to be prepared in connection with the application for a Grant, who will complete them and where each document will be sent. (8 marks) (Total: 25 marks) SECTION B: FAMILY PRACTICE You are a trainee legal executive with Messrs Martins of Old Bank Chambers Craven Hill Shrewshire CH1 3BC. You are working with John Martin, the partner in charge of the family law department. 3. Karen Wilde of 23 Jasmine Gardens Craven Hill Shrewshire CH3 4AN who separated from her husband, Adam, two and a half years ago, has made an appointment to see Mr Martin. She says that she now wishes to obtain a divorce. Karen and Adam Wilde have two children, Donovan (aged 6) and Jayne (aged 4). Adam works at the local chicken-packing plant. Karen has a part-time job as a lunchtime supervisor at Craven Hill Primary School and is on state benefits. Both Karen and Adam Wilde live in rented accommodation. Neither have any savings. Mr Martin has invited you to observe the interview as part of your training and has told you that he envisages the divorce proceedings being covered by Legal Help. Explain: (a) what Mr Martin means by Legal Help and why Legal Help is appropriate here; (10 marks) what limits exist on the nature and extent of work which can be carried out here under Legal Help ; (2 marks) (c) what documents will be required to be sent to the County Court in order to commence proceedings for the divorce, including, briefly, their contents. (23 marks) (Total: 35 marks) Page 3 of 8

4 SECTION C: TRIBUNALS ADMINISTRATIVE PRACTICE 4. (a) Explain the advice which you would give to each of the following clients regarding whether they may bring a claim in an Employment Tribunal: (i) John Browne, who has worked for Carpenter & Co. for 13 months and has now been made redundant. He wishes to bring a claim against his former employers for a redundancy payment. (3 marks) (ii) Antonio Caballero, who is of Spanish origin, has worked as a hospital porter in London for many years. Some time ago he applied for a job as an experienced hospital porter at Craven Hill General Hospital. Five months ago his application was rejected and he has just learned from a friend who works at the hospital that the successful applicant had no relevant experience. Antonio s friend also told him that out of 100 applicants, only ten came from people of white British origin but that all of the six applicants short-listed for the job were white British. Antonio now wishes to bring a claim against the hospital for racial discrimination. (6 marks) Explain the composition of the Employment Tribunal which would hear any such applications that were successfully brought. (6 marks) (Total: 15 marks) Page 4 of 8

5 DOCUMENT 1 THIS IS THE LAST WILL TESTAMENT of me RAJ PATEL of The Old Bakery Craven Hill Shrewshire CH2 4HJ company director. 1. I hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last will 2. I appoint the partners at the date of my death of the firm of Messrs Martins Solicitors of Craven Hill or in any other firm by which at such date its practice is then carried on ( my trustees ) (which expression where the context admits includes any trustee for the time being) to be executors and trustees hereof 3. I give to Matthew Webb my friend and sailing partner for many years the silver tray which I won at the Craven Hill Sailing Club regatta in I give to my long-suffering housekeeper Anita Smith a mantel clock 5. I give to my daughter-in-law Sue Patel a ruby pendant to be bought with money in my account with Shrewshire Building Society 6. I give to each of my grandchildren who shall be living at the date of my death the sum of 1, Subject to the payment of my debts and funeral and other testamentary expenses and all legacies bequeathed by this will or any codicil hereto I give devise and bequeath the residue of my property both real and personal of whatsoever nature and wheresoever situate to my trustees to hold the same upon trust for such of my children who survive me absolutely PROVIDED ALWAYS that if any of my said children do not so survive me then their children shall take if more than one in equal shares per stirpes the share which their parent would have taken had he or she so survived me and attained a vested interest 8. (a) Any monies requiring to be invested under the trusts hereof may be invested in the purchase or upon the security of such investments or other property movable or immovable of whatsoever nature and wheresoever situate and whether producing income or not (including the purchase of land of any tenure for occupation by any beneficiary hereunder) as my trustees shall in their absolute discretion think fit to the intent that my trustees shall have the same full and unrestricted powers of investing and transposing investments in all respects as if they were absolutely entitled thereto beneficially In addition to all other powers conferred by law my trustees may at any time and from time to time raise the whole or any part of the vested contingent expectant or presumptive share or shares of any beneficiary hereunder and pay the same for the advancement maintenance education or otherwise howsoever for the benefit of such beneficiary (c) My trustees may in extension of the power of appropriation conferred on personal representatives by s41 Administration of Estates Act 1925 at any time at their discretion appropriate any part of my residuary estate in its then actual condition or state of investment in or towards satisfaction of any legacy or any share in my residuary estate without the necessity of obtaining the consent of any person (d) In any case where they have an obligation or a discretion under the general law to pay income or capital to or for the benefit of a minor or to the minor personally if of the age of sixteen at least and so that their respective receipts shall be a full discharge to my trustees who shall not be required to see to the application of any income or capital so paid Page 5 of 8

6 (e) Any of my trustees (other than any new trustee who is not engaged in any profession or business) shall be entitled to charge and be paid all usual professional or other charges in connection with the administration of my estate and the trusts of this will in all respects as if they were acting professionally therein for lay executors or trustees 9. I wish to be cremated AS WITNESS my hand this day of two thousand and nine SIGNED by the said Testator in our ) presence and attested by us in the ) presence of him and of each other: ) Page 6 of 8

7 DOCUMENT 2 List of Assets of Winston Robinson House: 37 Alder Grove Craven Hill Shrewshire CH3 9NM 350,000 Money with Shrewshire Building Society 25,000 Money with Ffloydd s Bank plc 1,800 Proceeds of Life Policy with Mutual Insurance Co payable to the deceased 100,000 Car 10,000 Personal items (estimated) 500 List of Debts Mortgage 80,000 Funeral Account etc 2,500 Credit card account 800 END OF PAPER 2009 Institute of Legal Executives Page 7 of 8

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