TO: [Name of Supervisor]
Review of Research
The first issue at hand is the legality of changing an individual’s written will after they have died. Tracy is facing the problem of having a will written at the time of her mother’s life, which states that the grandchildren who are alive at the time of death will have some inheritance. However, at the time of writing this, the lawyer responsible wrote the specific names of the grandchildren that were alive, which led to omitting the names of the children that were yet to be born. If implemented as it currently is, some of the grandchildren will miss out on the inheritance, and this is something that all the participants consider to be unfair.
The question at hand is the participants can legally change the wording in the will after their mother’s death to reflect her valid will. The Administration of Justice Act 1982 in section 21 gives several guidelines on the steps that need to be taken in such situations. It states that “in so far as evidence, other than evidence of the testator’s intention, shows that the language used in any part of it is ambiguous in the light of surrounding circumstances” (Participation, 2018). This statement applies to the current situation where the evidence shows that the language used is ambiguous in light of surrounding circumstances. The law further states that “In so far as this section applies to a will extrinsic evidence, including evidence of the testator’s intention, may be admitted to assist in its interpretation.” This statement gives the participants the right to provide an affidavit from the layer that can help interpret the law.
In the second case, the main question arises when the holiday company is liable for financial and health liabilities that occur to a client. This is especially true when a client has interactions with a third party that was recommended by the company. The Package Travel and Linked Travel Arrangements Regulations 2018 require that a company should refund a customer whenever they do not directly get the services that they had paid for as part of a package when booking a holiday. The process allows a client to demand refunds for any of the services they did not receive. Thus, the companies are obligated to offer these refunds to all the clients.
Second, the company can charge an extra customer money based on fuel surcharges, which come up after the client had already paid a full package for a holiday. This is especially in light of regulations passed to govern the holiday sector and prevent any fraudulent activities. The Package Travel and Linked Travel Arrangements Regulations 2018 also govern things such as surcharges where the law requires that the holiday companies handle any extra costs of the holiday that come up and avoid passing these charges onward consumers.
First Legal Issue
In the case of the inheritance, it is evident that a mistake was made when writing the will, which directly impacts the interpretation of the document. The mother’s will was to have all the grandchildren that were alive at the time of death inherit money from the property that she already held. However, the lawyer went ahead to name the various grandchildren that were alive at the time of writing the will, which left out any other that would be born after that. This is an honest mistake that the lawyer that did it accepts and one that directly impacts the distribution of the wealth at the time of death. Also important is the fact that all the siblings agree about the mistake, and there is no resistance to the willingness to make changes to the will to reflect the will of the dead mother (Participation, 2014).
In this case, the advice that I would offer is that they should first get the layer to swear an affidavit that shows the work that he was doing and the mistake that he made in writing the will. The other siblings’ testimony should also back such testimony to indicate that they agree with the changes that are about to be made and support them. one can then present this before a court of law, which can help decide the sharing of the wealth between the grandchildren that were alive at the time of death.
Second Legal Issue
The second legal issue relates to requesting a refund from Humber Holidays, which was the company that she had booked her holiday with. Tracy had been injured while sailing and was unable to complete the sailing course that she had signed up for. The sailing was done with Grand Plage Sailing, which the company recommended but not part of the package. This was an important consideration that removed the holiday company from having any liability. The fact that the sailing was not part of the package means that Humber Holidays was excluded from any liability that Tracy had with Grand Plage Sailing as an independent company (The Travel Association, 2018). I recommend that Tracy follow up on Grand Plage Sailing to get any form of compensation.
The second issue is with respect to surcharges that the company charged Tracy when the fuel costs increased. According to the Package Travel and Linked Travel Arrangements Regulations 2018, companies have the right to pass on the extra expenses that they have to their customers. However, the companies are required to inform the customer of this right when they are making a booking. Therefore, Tracy should go and check if the company had stated this in the terms and conditions to know if she can be given more costs. If the company had informed her, then she cannot demand a refund, but if not, it is then within her right to ask for a refund. It will hence be to her advantage if the company had not initially stated their entitlement as it would be required to refund her. Failure to adhere to the refund policy would attract hefty penalties to the company.
Participation, E. (2018, December 31). Wills Act 1837. Retrieved November 22, 2020, from https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/2020-09-28
Participation, E. (2014, November 01). Administration of Justice Act 1982. Retrieved November 22, 2020, from https://www.legislation.gov.uk/ukpga/1982/53/section/21
The Travel Association. (2018). New package travel regulations. Retrieved November 22, 2020, from https://www.abta.com/tips-and-advice/is-my-holiday-protected/new-package-travel-regulations