Fry Gurney LLP. Law Assignment Sample

• Subject Name : Law

Law in Practice - Part A

Issues that Are Raised by Eric:

• Is Eric liable to get the ownership in terms of paying more for the property?
• Whether Eric’s sister will get the share in the joint property of Eric and Nora after the death of Eric?
• Whether the marriage of Eric and Nora affect the Will made by Eric?
• Whether the making of a new Will is mandatory? If yes then why?
• Can Eric himself make the new Will?
• In the case of no Will, who shall be liable to get the entire property after the death of Eric?

Letter

To,

Mr. Eric,

This letter is been written to advise Mr. Eric regarding the issues raised on the matter of the ownership of the newly purchased or going to purchase joint property with Nora.

Joint ownership takes place between two or people when they decide to buy or purchase a common property together with mutual consent. The most common or mostly seen situation is when a married or an unmarried couple purchase a property together also joint ownership can be in between the friends or any other family member who with their will enter into such joint property contract and ownership. Under the laws of the United Kingdom, there are two ways that an individual can become a joint owner of any property either the person becomes joint tenants or tenants in common. The question here arises is of who is a joint tenant and who is a tenant in common? If a person holds property with another person as a joint tenant to that particular property in that case of the situation both the parties involved in the property shall hold the ownership on the common property as a whole. Tenant in common means that both the parties have equal interest on the common property but the vested interest can be unequal, one party shall have a share of 60% and others may have of 40%.

The situation of Eric is a bit similar to the second way of ownership as the interest of both the parties investing money in the common property is same therefore the amount invested by the parties do not have any similarity, the amount invested by Eric is £300,000 and whereas Nora has only invested £100,000. The interest here lies based on the 60 and 40 ratios. As per the law Eric being an investor of £300,000 amount as compared to the £100,000 amount by Nora, has more liability on the ownership and share of the property.

According to the law of ownership of property, parties can share their or transfer their interest of the property to someone else. They do not require permission from the other owner of the common ownership on the property. Furthermore, an owner can transfer his or her share of the property to any of the third parties and then can have the interest transferred back to himself or herself later even in the case of joint tenancy. In the case of a spouse, the type of co-ownership may still exist as joint tenancy, the law does not allow one spouse to convey his interest to a third party. However, one spouse may transfer his or her interest to the other spouse only, no third party shall be involved in the ownership of the joint party. Therefore, Eric’s sister may not have any share of interest in the property owned by Eric and Nora jointly.

After both the parties Eric and Nora gets married and also owns a joint ownership property then Nora shall be the equal partner in the property, therefore shall be the co-owner of the entire property. Therefore, as per the law, the property shall be transferred to the other owner directly, but in case any Will is present on the same joint property, they can get transferred to the third party as mentioned in the Will. Other parties shall not have any interest in the Will and therefore do not have rights on the other part of the property. Therefore, it has to be in knowledge in both the parties about the transfer of the property by another owner to the third party. Furthermore, to the issue raised about the marriage of Eric and Nora, that shall not affect the Will made by Eric in any matter of concern.

In case if Eric did not have any Will and dies shortly afterward then the joint property shall be transferred to another party who is member of the joint ownership in the common property, therefore Nora shall get the entire property transferred for being an investor of interest and amount also as the joint owner of the property. As mentioned under the law the co-owner shall be liable for the entire property transfer to him or her if in case one owner dies or leaves the ownership of the joint property.

The Will made earlier was for the sister who was made a sole executor and also Eric left the entire estate to his sister as sole beneficiary. But the matter was before 5 years of purchasing the joint property with Nora. Nora has a daughter and has invested in the property also is the co-owner of the property with the mutual consent of both the parties, therefore the making pf new Will is important for Eric to clarify and bring the terms and condition clear to the knowledge of Nora regarding the property, also the Will made shall consist the grounds of the joint property. the benefits of the new Will shall be that the parties shall be clear about the terms and conditions of the Will, there shall be no contractual bindings on any party regarding the property and transfer of property. Contract and Will shall be known to everyone and further changes if required will be done accordingly. Yes, Eric himself can write his own Will and do not pay for the same, but only in case if the situation is relatively straightforward and the documents have the legal requirements. In the case of testament are clear to the testator (a person who is making a Last Will).

Nora shall only get the share of the property only in case if the Will is not present and is not in her knowledge about transferring of the property to the third party, therefore if both the parties clear these doubts before entering into any further contract shall help both in having the knowledge about the same. As the represented of Eric, I shall advise to meet Nora and clear her the doubts regarding the property and transferring of the property of the third party which is Eric's sister and that she shall be liable to get ownership if the property transferred on the part of Eric's share of the property.

Both Eric and Nora should keep things clear and discussed with each other for avoiding unnecessary conflicts and disputes regarding anything, especially regarding the issue of property, as much the matter and circumstances will be clear to both the parties the situations and conditions shall be easy to deal with and it may also help them in future to stay calm and in peace. The best of avoiding the risk of dementia is to stay calm and happy, try to maintain peace from both sides, the age matters a lot, and understanding the situations and problems shall help in reducing the chances of dementia or any other pressurized problem. 

Law in Practice - Part B

Explain the arguments for and against the proposition that the growth of new technology and artificial intelligence should be regarded as an opportunity rather than a threat to the legal profession.

The growth of new technologies and artificial intelligence has become part of providing opportunities and has also opened fields and many platforms that a legal professional may not be able to reach manually. With the help of artificial intelligence and new technologies basically, a legal professional can stay updated with every new law and every amendment in the laws, rules, and regulations which shall provide a big help and make working easy for them as learning all the laws with their amendments on the same time can be a bit difficult and this situation of not remembering all the laws may cause the problem in the court or in the society where there is need of awareness on the same point.

Example for the same is: A person is a lawyer and a crime took place in the society where he or she lives, people of the society knows that the person is a legal professional and comes for a piece of advice for the same, people in such situations expects that a person whom they have come for a piece of advice-should know every single law and resolve the dispute out of the court, as it is said it is difficult to remember every law and finding it in the books and Acts shall consume a lot of time, therefore receiving the same knowledge on the internet which is already provided in the books shall save time and the decision shall be provided soonest to the people. In an internet society people, those who are unaware of the laws for the society can also learn and get help instantly, people who cannot afford to go to the law colleges or law schools can learn and get aware of the legal duties of an individual through the help of internet and other technology sources. Some people support the theory of the world getting the easy sources and also some people do not support such a theory.

People who do not support the theory of the growth of new technologies and artificial intelligence in the felid of law or by the legal practitioner is that the effort of an individual gets reduced and the interest in providing good and healthy work in no more present. It is not considered as an opportunity for any legal practitioner to have such technologies as there will be no need for human labor in society and everything shall be decided through technologies and this system can be a bit difficult for the people who are unaware of such practices in the society. It may be an injustice to them and lead to the violation of their knowledge and intent of being illiterate. In such people’s opinion studying the facts and materials on their own gives more knowledge on the case's facts and situations, rather than grabbing the same issue on the internet and discussing the basis of the same. It is said that in the society of technologies and internet people shall not even require doctors, lawyers, and people of a certain profession for help and advice people shall work on their own with all the situation and may also be able to handle legal situations on their own.

Explain the arguments for and against the proposition that the growth of new technology and artificial intelligence should be regarded as an opportunity rather than a threat to the legal profession. Usage of the internet as artificial intelligence has rapidly increased its growth amongst the people and has led the end of dependency in the government and mainly on the legal professionals for any concern and further discussions. It is a big challenge for all the legal professionals to manage their work without the clients, and so the internet and artificial intelligence have played an important role in creating such situations and circumstances for them. It is becoming a threat for the legal professional to use artificial intelligence and avoiding the actual labor on any matter and circumstances where required. 

In support of the technologies and artificial intelligence, it is good for a legal practitioner to stay updated and knowledgeable about every change happening in the society and the law, what all changes can be introduced in the society by certain actions in the future. A legal practitioner can stay aware of every future threat in law and the case with the help of technologies and artificial intelligence therefore, such technologies cannot be considered a threat to the environment of a legal practitioner. Moreover, it is considered as the fuel to the new generation practitioner to stay update with past and upcoming laws also are of great help in present to study the facts and circumstances in bit detailed manner so that to apply the correct rule in every such situation which is not even described in the books and theoretical knowledge. There are many opportunities in regards to the technologies and artificial intelligence not only for legal practitioners but also for the common public, staying aware of laws and incidences shall help in building up their knowledge and will also widen up the image of the new technological society. Staying updated has become a trend and therefore, such help of technologies will increase the knowledge and will also lead the nation towards development.

Such conflict on the issue of technologies being boon or curse to the society has been in argument since long, people who are against the technologies themselves take the support of technologies to provide the message of not using technologies in the profession and increase the human labor to maintain the actual and originality of the profession. The question for such people is that when a medical professional can use the technologies for the treatment of the patient then why cannot the legal professionals? The duty is same to provide justice with the actions and so there is the requirement of changes in the ways and measures from time to time and time when workload can be made less and the time left can be consumed in other work of proceedings, therefore, there is no harm in using such technologies and introducing them in the daily life of legal issues. This shall also help the legal professionals in providing the best quality work and fast service without wasting time on fetching the laws and dealing with them at the same time, as mentioned above not every law can be remembered and can be applied to the facts and circumstances. Therefore, no technology is considered to be a threat to the legal professionals in this modern world, technology has become an important part of every individual's life and further, it is also very important for the developing nation and world.

The threat to the profession shall be when there will be no other source of help and no update on the laws and rules, no update of any amendments and certain things may lead to the downfall of the profession, delay injustice, and it is well said: "Justice delayed is justice denied”. This is an opportunity for the legal practitioners to stay updated and provide justice to the crime and also with such situations the profession shall lead to the development of the practitioner and will make the practitioner more capable of dealing with the case and circumstances, will all updated situation and laws.

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