1800 words
Question
During her lifetime, Alia Alani, a world-renowned architect, designed houses for some of the most famous celebrities in the world. She accumulated shares worth £20m in her private company, Primavista Ltd and a valuable collection of miniature jewel encrusted replicas of the houses designed by her. Alia’s cousin, Caprio, worked for many years as her business manager and personal organiser. Alia paid Caprio a generous salary to reward him for his apparently loyal service, but he never disclosed to her how jealous he was of her success, founded on a family inheritance that he thought should have passed to him and not Alia.
Alia’s husband and her only child were tragically killed in a boating accident some years ago, so she has always been especially devoted to her nieces, Gaudia, Renza and Zaha.
As she approached her 60th birthday, in November 2018, Alia made a Will appointing her solicitor, Santiago Santini, as executor and trustee, and containing the following clauses:
(a) To my cousin, Caprio, one quarter of my shares in Primavista Ltd in the unswerving belief that he will sell them and distribute the proceeds between all those who have ever been employed by Primavista Ltd in such a way that no-one receives more than anyone else;
(b) My nine most precious miniature jewel encrusted architectural replicas on trust for my nieces: Gaudia, Renza and Zaha, Gaudia and Renza to have those replicas which Zaha does not want (Zaha is to have no more than three items);
(c) To Santiago Santini, the residue of my estate to be divided in whatever manner he sees fit amongst those who were visibly delighted when queuing to gain access to the famous venues around the world where I was giving lectures on the great architects of the past and, whilst there, purchased a memento of their visit. If Santiago is reluctant to do this, then the bulk of the residue of my estate is to go to Caprio with the remainder to the Impoverished Architects’ Society (IAS).
Alia established Primavista Ltd in 1985, with the aid of a few staff but, by the date of her death, the workforce had expanded to around 1,000 employees worldwide. The Company’s Head Office in Santa Monica was damaged during an earthquake in 2000, causing extensive damage to the premises and its contents.
During her career, Alia frequently gave educational lectures in various historical buildings around the world, all of which had tight security in place – including CCTV – to protect visitors.
Two months ago, Alia and Zaha were on holiday together in Venice when Alia fell from their gondola and drowned in a Venetian canal. A couple of days later, Zaha took a sedative to help her cope with this tragic event and toppled from a hotel balcony to her death. In her room, was found a copy of Alia’s Will lying next to a table-napkin, on which Zaha had jotted some notes with an eyebrow pencil.
Advise Santiago Santini upon the validity and effect of clauses (a), (b) and (c) of Alia’s Will.
IMPORTANT: You are not required to discuss the formalities (if any) required for the creation of a Will or whether constitution is satisfied in relation to any of the assets referred to in this question.