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A solicitor is acting in the administration of an estate. One of the beneficiaries is entitled to a legacy of £10,000 under the terms of the will. The beneficiary would like to use the legacy to pay the fees for a course of study due to start in a month’s time. The solicitor has advised that the legacy will be paid in six months’ time.
The beneficiary’s aunt offers to lend the beneficiary £10,000 now but wants to be repaid from the beneficiary’s legacy. The aunt asks the solicitor to agree to send the money for the beneficiary’s legacy directly to her. The beneficiary agrees with the arrangement and at his request, the solicitor writes to the aunt confirming that the solicitor will pay £10,000 to her in six months’ time.
Two months later, a codicil to the will is located. The solicitor overlooked the codicil when he searched the papers his firm held on behalf of the deceased. The codicil revokes the beneficiary’s legacy and the beneficiary has no entitlement to any money from the estate. The aunt insists that the solicitor must pay £10,000 to her in four months’ time. The aunt is not a beneficiary under the will or codicil.
Is the solicitor bound to pay £10,000 to the aunt?
A. No, because he agreed to pay the money in good faith but circumstances have changed in a way that he could not have anticipated.
B. Yes, because he wrote to the aunt agreeing to pay her the money.
C. No, because his agreement was implicitly limited to the extent of any funds that were available for the beneficiary.
D. No, because money in the estate must be distributed to the beneficiaries entitled under the will and codicil only.
E. Yes, because he was in error when he overlooked the existence of the codicil.
B - Yes, because he wrote to the aunt agreeing to pay her the money.
Candidates who answered correctly: 45%
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