Equity and Trusts

This is coursework which has about 5 questions. The first 2 questions in section A are compulsory and in section B you have the option to answer one question. The first 2 questions are sort of like mini problem questions in equity and trusts. The topics are three certainties and cohabitation. As for section b there is a choice of an essay question. I have decided to answer one on the topic Trustees and fiduciary duties (question 4). Allocate equal word count to the 3 questions to make 3500 words.

ANSWER ALL QUESTIONS IN PART A
ANSWER ONE QUESTION IN PART B (EITHER QUESTION THREE OR FOUR OR FIVE OR SIX (ONLY) )
THE TOTAL WORD COUNT FOR THIS COURSEWORK IS 3,500 WORDS ALLOCATE EQUAL WORD COUNT TO EACH QUESTION
PART A (Compulsory)
Grusilda Bendybatch (“Gru”) is the matriarch of the Bendybatch crime family of Formby. For two decades the family has been attempting to move away from criminality and into legitimate business interests. To that end, the family incorporated BendyBatch Ltd. (“the company”) in 1995 as a vehicle to undertake business in the engineering, alcohol and gambling sectors. Various family members hold ordinary and preference shares in BendyBatch Ltd. Gru is a shrewd and successful businesswoman with many shareholdings and business interests (some legitimate and some less wholesome) across the North West and further afield. She is particularly proud of the £100,000 she has invested in the Royal Liver Building’s holding company, RLB plc., and her various charitable donations. Gru has one daughter, Ezmerelda, and three sons, Burt, Monte and Jacapo.
Gru is nearing the end of her life. She will soon have her 89th birthday. Gru instructed the company’s solicitors to attend her mansion, Arley Hall, West Kirby. This meeting was for the purpose of making a new will. A will was created on the 1st December 2011 by the solicitors, Coleridge, Wordsworth, Hazlitt & Co (the “Xanadu Will”).
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Question One (Three Certainties)
Gru made the following dispositions in her will (the “Xanadu Will”):
(a) “The bulk of my shares in the company to Sholto Bendybatch, my beloved nephew.”

(b) “My house, Arley Hall, to my niece, Imelda Bendybatch, in the sure and certain knowledge that she will use the property for the benefit of her legitimate daughters, Rebecca and Emma.” Before she was married Imelda had a daughter, Aurelia.

(c) “A reasonable income from the BendyBatch Ltd casino in Blackpool to my two sons.”

(d) “100,000 of my shares in BendyBatch Ltd to the Romany people who live in Appleby to be distributed as my trustees, Jacapo and Monte, think best in their absolute and unqualified discretion.”

(e) Gru’s husband, Buster Bendybatch, died in 1980. Since then her dinner companion had been Abbas Bowes, the noted philatelist. Over a particularly tasty dish of scouse one evening in December 2013 Gru mentioned, in between mouthfuls of beetroot, “You do not need to worry about when I am gone Abbas, when I die the money in my ITCD Bank plc Advanced Saver account is as much yours as mine!”

Advise Gru as to the validity of each of the dispositions described in the above clauses as detailed in the Xanadu will.
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Question Two (Cohabitation)
As noted above Gru has one daughter, Ezmerelda. A keen amateur mathematician, Ezmerelda had forged a successful career in the City of London as a banker.
Ezmerelda Bendybatch and Julie Schwarz have been in a relationship for two decades. During this period, they took up occupancy in Carfax House, New Brighton. The house, which cost £3,000,000, was purchased by Ezmerelda in 2006 and conveyed into her and Julie’s joint names. £2,000,000 of the purchase price came from Ezmerelda’s high yield savings account at Routts Bank plc. The remaining £1,000,000 was provided by way of mortgage which as paid by both Julie and Ezmerelda.
In addition to Carfax House, the couple own a broad range of property. The couple own six buy-to-let properties in Bootle. These had also been conveyed into their joint names, even though Ezmerelda had provided the £700,000 required to buy the terrace houses.
They couple also owned a coastal cottage which was purchased in 2012. Despite Ezmerelda paying the whole £150,000 purchase price, the cottage was conveyed in to Julie’s sole name. Since the purchase of the cottage in 2012 Julie has redecorated the cottage throughout and has also landscaped the small courtyard at the rear of the cottage.
In 2018 Ezmerelda and Julie ended their relationship after a prolonged period of difficulty. It appeared that they had simply fallen out of love. It later transpired that Julie had been having an illicit affair with a neighbour.
Heartbroken and furious, Ezmerelda demands to know how she stands in relation to ownership of the properties mentioned above. Advise Ezmerelda as to the ownership interests in this “cohabitation” section.

Please advise the parties as to the beneficial ownership of their numerous properties.