Kings College London Wills Promises Formalities and Land Law Case Overview
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As a result of the COVID pandemic and with the prospect of retirement in mind,Kevin and Louise decide to move to the countryside. They purchase the freeholdto a cottage which they agree to hold as joint tenants.After a while, their son, Mark, moves into the spare room and starts contributingto the mortgage payments as well as paying for other household expenses.However, as time goes by Louise misses the City and wants to move back butKevin does not. Frustrated at Kevins attitude, Louise writes and posts a letter toKevin saying that she wants to move out of the house and buy a flat of her own.On the day the letter arrives at the house, Louise picks it up from the letter boxbut then forgets to pass it on for Kevin to read.Unfortunately, shortly after these events, Louise suddenly suffers a heart attackand dies. Her will states that everything she owns is to pass to the daughter ofher first marriage, Natalie.Distraught at Louises death, Kevin suffers a minor stroke. To make somealterations to the house, Kevin takes out a small loan secured on the propertyfrom Loans R Us.As news of Kevins illness spreads, Oswald, a family friend, starts visiting Kevinand begins to look after him. Oswald postpones starting his apprentice schemeat the local garage, telling Kevin that he just wants to make sure that Kevin getsback on his feet. Out of gratitude, Kevin tells Oswald that no matter what he willalways have a roof over his head.Over time Kevins health deteriorates, and he is unable to pay back the loan.Loans R Us writes to Kevin telling him that his home will have to be sold to meetthe outstanding payments.Kevin is obviously very concerned and comes to you for advice. During yourdiscussion with Kevin, he tells you that when he and Louise first moved into thecottage, he promised his best friend, Peter, that should they ever think of moving,he would be offered first refusal Advise Kevin
