Order Description
Mickey was a famous singer and leader of an internationally acclaimed pop band. He died on 1 October 2016. He was married with two grown up children, but he used to be very popular with young female fans, and in his youth he had a couple of extra-marital relationships, which resulted in three illegitimate children. Despite his fame, he was a very private person and did not want his personal affairs to be made known to the wider public. Mickey was aware that, after his death, his will would become a public document, and he did not want his wife and children to learn about his extra-marital affairs. For this reason, he executed his will on 1 July 2016, which contained a legacy of £500,000 to his dear friend John and a legacy of £100,000 to his nephew Gerry.

In his will, Mickey directed John to hold his legacy ‘as a matter of trust for such persons as I have communicated to him’. On 25 June, before executing his will, Mickey telephoned John and asked him whether he would be prepared to be a trustee for the £500,000 legacy. John said he would think about it, and on 2 July he received a letter with the instructions. He then telephoned Mickey straight away and informed him that he would carry out his wishes. After Mickey’s death, John found the exact instructions in the safe, directing him to pay the legacy to Mickey’s illegitimate daughters, Abigail and Beth.

On 1 August, Mickey told his nephew Gerry that he wished Gerry to pay his £100,000 legacy to Mickey’s illegitimate son, Thomas. One month later, after a quarrel with his son Thomas over his poor second year Law exams’ results, Mickey told Gerry to keep the money for himself.

Using relevant case law and academic commentary, discuss whether the three illegitimate children, Abigail, Beth and Thomas, will benefit from the legacies, and critically evaluate whether these types of trusts can be justified within the modern application of the trust instrument.