Although there are some problems with this

Although there are some problems with this characterisation, it may be that paragraph
(b) imposes an equitable personal obligation.
Many answers failed to sufficiently identify the differing analyses required to be
applied to paragraphs (a) and (b), with quite a few answers simply assuming that the
paragraphs created an equitable charge. Those answers that correctly identified and
applied Gardiner and Gill v Gill were therefore rewarded. Moreover, good answers
should have gone on to consider the implications of the results of the two paragraphs
of the clause. In short, if the property is forfeited under clause (a), this will not assist
Sophia, as paragraph (b) requires J to provide board and residence in “the house”.
Very few answers took the step of providing advice on this point.
16

2. Advise Wendy of whether or not she is able to sell the shares left to her under
clause 2. [6 marks]
it