ANSWER BOTH QUESTIONS
Harry Stone is the civil partner of Rock. Their civil partnership took place eleven months ago. Prior to their civil partnership, they lived together for four years. Harry is aged 38 years and Rock is aged 55 years. Rock used to be married to Cheryl and has a disabled daughter (Honey) aged nine years. Rock is an extremely successful businessman and owns a business worth in the region of £8 million pounds. The business was inherited from Rock’s mother fifteen years ago when it was worth £50,000, and Rock built up the business with the aid of Cheryl. Cheryl died after suffering complications from a mosquito bite, three years ago.
When Harry and Rock first met, Harry was a stockbroker earning in the region of £80,000 per annum, but gave up that salary three years ago to look after Rock’s daughter: Honey. Harry has come to see you very distressed as he has just found out that Rock is having an affair with his step father: Darren. Harry has known Darren for over twenty years. The day before the civil partnership ceremony took place, Rock told him to sign a prenuptial agreement. Harry signed it there and then without any legal advice. He believes the agreement stated he would receive £1,000.00 for each year they are in a civil partnership.
Harry is really worried, he lives in Rock’s house (worth approximately £2 million pounds) as there do not seem to be any jobs around in the stockbroking industry and he does not think he will be able to get another job as a stockbroker now. In addition, he is troubled that he will have no ‘rights’ as regards the child as he is not biologically her father.
Write a letter to Harry advising him on these matters advising him on the issues raised by the above facts. Ensure you refer to the relevant statutory provisions and cases, in the body of the letter or in the footnotes, as appropriate.
Three years after advising Harry, Harry comes back to seek further advice from you. He tells you tragically Honey died a year ago. He and Rock consoled each other and have apparently remained friendly as a result. Rock had been living with Darren for the last three years. However, Rock has been extremely ill and two weeks ago died in a hospice. The last time Harry went to see Rock in the hospice, Rock pressed his house keys into Harry’s hands and told him the house was his. When Harry got home he found the key to Rock’s safety deposit box in his pocket and believes Rock put the key there. On opening the safety deposit box, Harry found the deeds to Rock’s house. Also in the box was a Will made two years ago, which provides that half of all Rock’s property owned by him at the date of his death was to be divided between his daughter Honey, and Darren equally. The Will was witnessed by Darren.
Rock’s parents divorced many years ago and his mother is deceased. Rock’s father is still alive and aged 93. Rock and his father did not get on as his father always disapproved of his homosexuality and they have not seen each other for many years. Rock also has three brothers, one of whom (Mark) is disabled and in poor health and Rock supported him by putting money in Mark’s account each month sufficient to pay the utility bills.
Write an attendance note advising on the issues raised by the above facts. Ensure you refer to the relevant statutory provisions and cases, as appropriate.