Although there are some problems with this characterisation it may be that

Although there are some problems with this

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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
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2.Advise Wendy of whether or not she is able to sell the shares left to her under clause 2. [6 marks] it
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  • Three '18
  • Dr Susan Barkehall Thomas
  • Law, Wills and trusts, Trust law, Cameron 2005-10

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