On 15th March 2014 Lord Marchmain returned to his ancestral home of Beechyhead castle to spend his last few months having been diagnosed with a terminal illness Beechyhead is now occupied by his daughter Julia and her partner Charles a)Charles
They assist the legal officers in executing the will by determining how properties are to be shared among the beneficiaries of the departed owners (Duddington, 2006). This study examines the implementation of Equity and Trusts in a case study involving execution of the will of a deceased person.
The aim of equity is to the defendant does not gain any benefit by engaging in immoral conduct and offer compensation to the claimant for the harm sustained in the event of unacceptable conducts and ensures that both statutory and common laws are not manipulated with immoral intentions (Dixon &. Griffiths, 2007). Therefore, equity rules provide moral guidance to the court in an application of its substantive and procedure principles. Equity has the moral basis thus it ensures firm application of common and statutory rules in order to avoid making injustices when applied in specific cases. Lord Ellesmere stated that the purpose of equity law was to “correct men’s consciences for frauds, breach of trusts, wrongs and oppressions” (Penner, 2012, p. 64). The concept of trust was developed by courts of chancery to safeguard the interests of legal interest of the property owned by one person on behalf of other beneficiaries or for another permissible purpose (Lacy, 2009). Therefore, equity recognizes the interests of the person owning the property and the recipient of that property. Equity provides a better remedy than common law because it is applied to specific cases in order to eliminate any injustices that could result from unjust practices (Virgo, 2012).
According to Penner (2012), there are various approaches in which trust come into existence. For example, the absolute owner of the property can initiate a trust expressly having established it intentionally to achieve a particular purpose. They can also create trust impliedly by the virtue of their conducts that the court construes as sufficient