Reference no: EM133021206

Bob's widow Alana survived him and has become the trustee and executor of his will. She has come to your legal firm to express concern about not fully understanding how to implement the provisions of the will (other than in respect of subparagraph 5.5). The trustee is also unsure as to the validity of some parts of the will. Moreover, she is concerned to more clearly identify what should be legitimately treated as part of the net estate of her deceased husband. To illustrate the trustee's uncertainties these questions were postulated by her:

1. Are any of the gifts made in the will invalid or otherwise deficient?

2. If so, which gifts are invalid or deficient?

3. What is the basis of invalidity or deficiency if any?

4. What, if anything, follows from the possibility of any invalidity or deficiency in respect of any particular gift?

5. Can the $350,000 donation to the Vocal Arts Foundation Pty Ltd be questioned or recalled in some way?

6. If so, is there any basis on which that money could be recovered from the foundation?

7. Apart from possible criminal proceedings against the management of the gallery, is there a basis on which the $348,000 received by the gallery for Bob's art collection might be recovered from the Liquidator?

8. Must she implement the gifts specified in sub-paragraphs 5.1 to 5.4 inclusive? If so, how should she go about it? If not, is it legitimate for her to claim the subject matter of those gifts, or some of them, for herself under sub-paragraph 5.5?