Law of succession Assignment Example | Topics and Well Written Essays - 3000 words

Law of succession - Assignment Example Browne. The deceased will of Mr. Harbottle was homemade and was formulated in the year 2010 on 22nd March. Circumstantially, Mr. Browne appointed Ms. Josie Morrison, who is a professional solicitor of Morrison and Jeffries LLP with the aim of advising him with regard to certain issues with respect to the will signed by Mr. Harbottle. To be specific, in the will, the name of the executor who is Mr. Browne has been misspelled as ‘Mr. Brown’. Moreover, the address of Mr. Browne has been inscribed wrongly in the will which has again raised confusions regarding the gains of Mr. Browne from the will by Mr. Harbottle. Furthermore, as the will was roughly torn, which damaged the date of signing the will, the specifications mentioned in the same became hardly interpretable that again increased confusions. Additionally, the last two letters of the surname of the testator was also found torn wherein Mr. Browne denied any such careless act from his end and also did not depict any si gnificant interest of the gifted amount of ?50,000 being wealthy in his own right. Sometimes back, Mr. Browne formulated his will and assigned Harriet Reid, the accountant of Mr. Browne, to be his executor. Mr. Browne further deciphered his unwillingness to accept the gift offered through the will by Mr. Harbottle in order to prevent high tax imposition. Mr. Browne has planned to provide this sum to the daughter of his gardener, Mary Stapleton for her university study. Additionally, the case scenario depicts that Mr. Browne is pleased with the service of Ms. Morrison and has therefore planned to pay her a sum of ?5000 be means of inheritance in his will. The will of Mr. Browne also specifies that if she dies before Mr. Browne, the sum will be paid to her husband. Discussion The Issues Which Are Identified In the Case Mr. Browne has observed that there are number of issues in relation to the deceased will of Mr. Harbottle. As Mr. Browne is the ultimate executor of the will, he has ra ised the issue that his name has been misspelled as ‘Brown’ instead of ‘Browne’ in the will. Moreover, Mr. Browne has also noticed that the address which has been mentioned in the will is inappropriate or wrong as Mr. Browne resides in a different place when the will was formed. Additionally, Mr. Browne and Late Mr. Harbottle were dweller of a same village but Mr. Browne could not remember to promise to execute the will of Harbottle owing to the absence of any deep relation with Mr. Harbottle. However, Mr. Browne is willing to carry out the will even though he is reluctant to accept the entire amount gifted due to tax implications and has thus planned to gift the amount to his gardener’s daughter if obtained [Wilson v. Beddard (1841) 12 Sim. 28]1. In this regard, Mr. Browne is seemed to be confused about the procedures which are required for the appropriate execution of the will. Contextually, it is important that the name as well as address of an ex ecutor or executors should be mentioned in detail taking into account the up-dated data for better validity of the will. Eventually, the misspelled name of the executor may restrict Mr. Browne from executing the will of Late Mr. Harbottle. Moreover, the address of Mr. Browne was also mentioned as incorrect. As per the ‘Inheritance (Provision for Family and Dependants) Act 1975’ the name and address of an executors or executors are required to be mentioned correctly for the appropriate execution of the will of a late person2 [Barrett v Bem [2012] EWCA Civ 52]3. Furthermore, an