This is a problem based essay question relating to equity and trusts:

Hyacinth made the following bequests in her will, naming Elizabeth and Emmet as her executors:-

a)£150,000 to my dear husband, Richard, in the hope that he will plant a beautiful formal garden in my memory and at his death leave what is left of the money to our darling son, Sheridan.

b)30,000 of my shares in Classic Candles Ltd to my executors, trustees and neighbours, Elizabeth and Emmet, to hold for Sheridan and Tarquin.

c)£10,000 to Violet to distribute among the Councillor Mrs Nugent, the Major and such other friends as have attended any of my candlelight suppers, as they shall see fit.

d)£250,000 to Richard and Emmet as trustees to make payments of capital or income to such members of my close family as they shall in their absolute discretion think fit.

e)The residue of my estate to Richard.


Hyacinth was recently diagnosed as having a terminal disease and, upon hearing this, she called Richard, Elizabeth, Emmet, Sheridan and Violet to her sick bed.

She gave Emmet the certificate of her 45,000 shares in Classic Candles Ltd, telling him,I am giving you the share certificates and I want to see you enjoy these while I am still alive. You must apply to be registered as the shareholder as soon as possible.

She gave Elizabeth a key, telling her,˜This is the key to the trunk in the attic. I want you to have everything in there should I die before I can make a new will.

Finally, she wrote out a cheque for £25,000 made out to her sisters, Rose and Daisy.

Hyacinth died that night. Emmet wrote to Classic Candles Ltd to have the shares sold, but they have told him this is not possible. Elizabeth used the key to open the trunk in the attic, and found the title deeds to a cottage in the country and a cash box containing £50,000. Rose and Daisy went straight to Hyacinths bank, told the bank manager of her death and asked him to cash the cheque: he refused to do so.

Advise Elizabeth and Emmet upon the distribution of Hyacinths estate.

i would appreciate if you could give any advice or guide me to answer this question involving the correct cases or law that relates to the question.

Edited by Customer (name blocked for privacy) on January 16 2006 at 3:01 AM