Assignment 2: Memorandum of Advice

Overview

Draft a Memorandum of Advice requiring you to research, explore and advise on issues arising out of a case study.

Learning Outcomes

The targeted Course Learning Outcomes (CLOs) for this assessment are:

• CLO1: Reflect on the law relating to Wills and Succession.
• CLO2: Critique the Wills and Succession area of law in light of contemporary legal issues and areas of reform.

Your Task

Description:

This assignment asks you to draft a Memorandum of Advice requiring you to research, explore and advise on issues arising out of a case study. Your Memorandum of Advice should

• correctly identify the issues arising out of the case study;
• provide correct advice on the issues raised;
• identify further information or instructions that may be required;
• address issues from both a legal and practical perspective;
• refer to appropriate authorities with correct citations and use correct legal terminology;
• demonstrate thorough research and understanding of legal materials and information; and
• be well structured and presented.

Specific Instructions

Anna Christie is a famous author who lives a life of seclusion on a small island off the coast of Victoria, called Burgh Island. She rents her expensive house on the island hideaway using the substantial funds she receives from her famous novel, Darkness Under the Sun .

Anna has chronic health issues including diabetes and severe asthma. Her health is failing and she relies on the support provided to her by her husband, Max, who is a resident of the island. They met 12 years ago and married within a month of meeting. He is rumoured to have a long-term partner Monty, but he claims to have broken off with Monty once he met and fell in love with Anna. Max, who worked at the local pub, quit his job once he married Anna. He cooks and cleans for her and takes her to the various medical appointments that she attends in Melbourne. He is known on the island as a ‘big spender’ on food and wine, clothing and entertainment. He goes out on fishing expeditions with many friends and pays for everyone attending, but Anna stays home due to her health. Many people on the island see him as exploiting Anna, while others admire his devotion to her and his care for her health. Anna loves all the residents of the tiny island where she lives and particularly appreciates the kindness of her neighbours who live in Ocean Vista Avenue, Burgh Island. Her neighbours in the street, living in five houses, often visit her when Max is away on fishing trips. These neighbours and Anna are all part of the Burgh Island Murder Mystery Club. The club members often discuss Anna's novels and express admiration for her literary skills and the ingenuity of her plots. The club members are all original residents of the island and are all cousins.

In her last will executed in 2024, Anna made modest financial gifts to Max to the value of $35,000 and bequeathed the residue of her estate:

‘for division in such proportions as my trustee shall think fit between my neighbours on Burgh island’

Residents of the island believe that Anna made this bequest due to her finding out that Max and Monty had been long term lovers, even after his marriage to Anna. On the 24 ^th December 2024 Anna dies due to organ failure.

Required: Provide a memorandum of advice for the executor, referring to applicable statutory and common law authorities.

Please use the Victorian legislation.

Assessment Requirements – Summary

The assessment is a written Memorandum of Advice based on a case study concerning Wills and Succession law. The key requirements are:

1. Research and Issue Identification

   • Correctly identify legal issues arising from the case study, particularly relating to Anna Christie’s will, gifts, and the possible challenge of the bequest.

2. Legal Advice

   • Provide accurate advice on the issues identified.

   • Consider both legal and practical perspectives in the guidance.

3. Further Information

   • Specify any additional information or instructions needed to fully address the executor’s duties.

4. Reference and Terminology

   • Apply Victorian statutory and common law authorities.

   • Use correct legal terminology and citation formats.

5. Structure and Presentation

   • Demonstrate thorough research and understanding of legal materials.

   • Ensure the memorandum is professionally structured, clear, and concise.

Learning Outcomes Addressed:

• CLO1: Reflect on the law relating to Wills and Succession.

• CLO2: Critique Wills and Succession law in light of contemporary legal issues and reform.

Step-by-Step Approach Guided by Academic Mentor

Step 1: Understanding the Case Study

The mentor began by reviewing Anna Christie’s background, her marriage to Max, her health condition, and the details of her will. Key issues identified included:

• The validity of the bequest to neighbours.

• Potential claims or challenges by Max.

• Implications of possible undisclosed relationships affecting testamentary intentions.

Step 2: Issue Identification

The mentor guided the student to list all potential legal issues:

• Testamentary capacity and undue influence.

• Interpretation of residuary gifts and discretion of trustees.

• Possible disputes under Wills and Succession statutes.

Step 3: Legal Research

The student was instructed to:

• Examine relevant Victorian legislation (e.g., Wills Act 1997 (Vic), Administration and Probate Acts).

• Review common law precedents concerning residuary gifts, trustee discretion, and challenges by spouses or beneficiaries.

Step 4: Drafting Legal Advice

The memorandum was structured with:

1. Introduction: Brief context of Anna’s situation.

2. Issues Identified: Clear outline of each legal question.

3. Analysis: Application of statutes and case law to the facts.

4. Recommendations: Advice for the executor on managing the estate and addressing potential disputes.

5. Further Information Needed: Suggested inquiries to clarify ambiguous points.

Step 5: Presentation and Referencing

The mentor emphasized:

• Use of formal memorandum format.

• Clear headings and concise paragraphs.

• Correct citations following APA 7th Edition for all statutory and case law references.

Outcome and Learning Objectives Achieved

• Outcome:
  The student produced a comprehensive, well-structured Memorandum of Advice that correctly identified issues, applied relevant law, and provided practical recommendations for the executor.

• Learning Objectives Covered:

  1. Demonstrated understanding of Wills and Succession law in Victoria.

  2. Critically analysed potential disputes and applied legal principles to a real-world scenario.

  3. Developed skills in legal research, issue spotting, and statutory interpretation.

  4. Applied professional legal writing and memorandum structuring.

  5. Used evidence-based references and proper citation, meeting academic and professional standards.

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