4
(Page 1 of 4) This Will is made by me Mifir;m Confidential of Confidential This Will is made on .............. Ath March ............................. 2014 1. Revocation I revoke all previous testamentary acts. 2. Appointment of Executors and Trustees The executor of this Will is to be as follows: 2.1 EMMETT REGAN ("ROBERT") of be my executor. ANZ.BOO. 141 .30BO 2.2 If my husband ROBERT refuses, is unable or is unwilling to act or continue to int in his of _ ..... 2.3 If my daughter Confidential refuses, is unable or is unwilling to act or continue M¥t_ ' ughter Confidential 2.4 My executor will be the trustee of each trust under this Will and is referred to as "my executor". 3. Executor to Hold on Trust My executor will hold my estate on trust and, subject to the powers set out in this Will, after the selling, calling in or converting into money any part of my estate and the payment of all debts and testamentary expenses associated with my death or the administration of my estate, will hold and dispose of the balance of my estate as provided hereafter. 4. Gift to my Husband If my husband ROBERT survives me by thirty (30) days, my executor will distribute the balance of my estate to him and if he does not survive me by thirty (30) days then clauses 5 to 7 are to apply instead of this clause. 5. Gifts of Personal Chattels I give free of all duties my personal and household chattels as defined in the statute governing the administration of Wills and probate ("my chattels") to my executor, and it is my strong wish that my executor distribute my chattels in accordance with any list I may leave stored with my Will or amongst my private papers and signed by me, PROVIDED THAT if I fail to leave such a list, or to the extent that any of my chattels are not listed or distributed, they will devolve in accordance with the succeeding clauses of this Will. 6. Direction to Adjust Beneficiary Entitlements The purpose of this clause is to adjust the entitlements due to my beneficiaries under the following clauses to take' tty benefits received by the beneficiaries Confidential Confidential Confidential "

M¥t - Royal Commission

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: M¥t - Royal Commission

(Page 1 o f 4)

This Will is made by me Mifir;m

Confidential of Confidential

This Will is made on ......... ..... Ath March ............................. 2014

1 . Revocation

I revoke all previous testamentary acts.

2. Appointment of Executors and Trustees

The executor of this Will is to be as follows:

2.1 EMMETT REGAN ("ROBERT") of be my executor.

ANZ.BOO.141 .30BO

2.2 If my husband ROBERT refuses, is unable or is unwilling to act or continue to int in his of _ .....

2.3 If my daughter Confidential refuses, is unable or is unwilling to act or continue

M¥t_' ughter Confidential

2.4 My executor will be the trustee of each trust under this Will and is referred to as "my executor".

3. Executor to Hold on Trust

My executor will hold my estate on trust and, subject to the powers set out in this Will, after the selling, calling in or converting into money any part of my estate and the payment of all debts and testamentary expenses associated with my death or the administration of my estate, will hold and dispose of the balance of my estate as provided hereafter.

4. Gift to my Husband

If my husband ROBERT survives me by thirty (30) days, my executor will distribute the balance of my estate to him and if he does not survive me by thirty (30) days then clauses 5 to 7 are to apply instead of this clause.

5. Gifts of Personal Chattels

I give free of all duties my personal and household chattels as defined in the statute governing the administration of Wills and probate ("my chattels") to my executor, and it is my strong wish that my executor distribute my chattels in accordance with any list I may leave stored with my Will or amongst my private papers and signed by me, PROVIDED THAT if I fail to leave such a list, or to the extent that any of my chattels are not listed or distributed, they will devolve in accordance with the succeeding clauses of this Will.

6. Direction to Adjust Beneficiary Entitlements

The purpose of this clause is to adjust the entitlements due to my beneficiaries under the following clauses to take' tty benefits received by the beneficiaries

Confidential Confidential Confidential

"

Page 2: M¥t - Royal Commission

(page 2 of 4)

ANZ.800.141 .3081

-2-from non-estate assets such as superannuation and related death benefits. The division of assets under the succeeding clauses of this Will is to take into account the balance of my estate and any entitlements to superannuation or insurance proceeds paid in consequence of my death directly to or for the benefit of a beneficiary. Any such amounts are to be brought into account when distributing the balance of my estate and the distributions that would otherwise have been made to my beneficiaries are to be adjusted accordingly.

7. Distribution of the Balance of my Estate

My executor will divide the balance of my estate into one or more equal parts and will hold on trust and distribute such parts as follows:

7.1

7.2

~ch part to liaif my children ROBERT JAMES REGAN ("ROBERT"), ~ andMm.:...-=--- who survive me by thirty (30) days;

Confidential If any of my children or(lliJi1mr:mrm- do not survive to attain a vested interest in my estate but leave children who:

(a) survive me by thirty (30) days;

and

(b) attain the age of eighteen (18) years;

("the survivors") then the survivors will receive in equal sections the part that their deceased parent would have received had their parent survived to attain a vested interest.

8. Powers of Executor

My executor will have the following specific powers:

8.1 In respect of any part of my estate held on trust in expectation of a person becoming the beneficiary of that part of my estate, to payor apply the whole or any part of the net income and capital of that part of my estate to which the beneficiary is entitled, or has a life or contingent interest or an expectancy, for the maintenance, support, education, advancement or benefit of the prospective beneficiary or a person considered by my executor to be a dependant of the prospective beneficiary.

8.2 For the purposes of the previous subclause to make payments without seeing to their application to the parent, guardian or care giver of a beneficiary under a legal disability; and to accept the receipt of the payee as an absolute discharge.

8.3 To sell call in and convert into money the whole or any part of my estate.

8.4 To pay all or any of the debts, taxes and funeral and testamentary expenses associated with my death, the administration of my estate, or in consequence of my death.

8.5 To postpone the sale and conversion of any part of my estate for so long as they think fit without being responsible for loss.

Confidential Confidential Confidential

fI

Page 3: M¥t - Royal Commission

(Page 3 of 4 )

ANZ.800.141.3082

8.6 To appropriate any asset or share or interest in an asset of the estate not specifically given to a beneficiary in full or partial satisfaction of a legacy or share of residue.

8.7 To contribute to a Special Disability Trust (within the meaning of the Social Security Act 1991 (Cth) or the Veterans ' Entitlement Act 1986 (Cth)) of which a beneficiary (or prospective beneficiary) is a principal beneficiary.

8.8 To calculate the net income of my estate by calculating net income in accordance with subsection 95(1) of the Income Tax Assessment Act 1936 (Cth) ("IT AA 1936"), or in accordance with such accounting or other definitions or concepts as they see fit;

8.9 To separately record. identify, pay. allocate, apply or accumulate any income, right, credit, rebate or capital and to do so by reference to any categories, source, class or other means of identification;

8.10 To the extent that expenses Dr outgoings of any part of my Estate are attributable to a particular category, source or class or other identification of income, to allocate such expenses or outgoings against and deduct them from the income or capital of such category, source. class or other identification;

8.11 To use income, capital or both income and capital to meet, payor reimburse that part of a beneficiary's income tax assessment (if any) arising in respect of a capital gain to which no one is specifically entitled within the meaning of the ITAA 1997;

8.12 To make taxation and other elections pursuant to the IT AA 1936, the IT AA 1997 or to any legislation governing trusts; and

8.13 To nominate in writing any further specific powers that are within the general Dr specific powers, authorities and discretionary powers of a natural person.

SIGNED by the Willmaker in our joint ) presence and attested by us in the presence )

Confidential

of the Willmaker and of each other: ) .....

Witnesses Confidential

(1 )

(Full Confidential

an Australian Legal Practitioner (within the meaning of the Legal

.............. ........ Profession ;4.'Ct-2E)e4) ........... .. .

(Occupation)

Confidential

(2)

Confidential

.... -. _ .... an J\'usfr81ian legal' ~ractitionei (Full N.e~ the meaning of the Legal

Profession Act 2004)

(Occupation

Page 4: M¥t - Royal Commission

ANZ.800.141.3083 (Page 4 of 4)

DATED 4th March 2014

Confidential

WILL