Conan Quickstart - Changes for v3.5

July 29, 2018 | Author: Antonio Eleuteri | Category: Trust Law, Trustee, Will And Testament, Civil Law (Common Law), Private Law
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WILL

made on

day of

2015

ANTONIO ELEUTERI

SHEPPARD FISHER  14-15  14-15 MILL STREET STAFFORD ST16 2AJ

1

1.

SCOPE OF THIS WILL

1.1

I am ANTONIO ELEUTERI  of 6 Kendal Close, Stafford, Staffordshire. ST17 9LB. This is my last ill, dis!osin" my assets in #n"land and $ales.

1.2

I re%o&e any !re%io's ills and (odi(ils.

1.)

*ltho'"h this ill is in similar terms to the ill of my ife LIDOVINA VECCHIARELLI , there is no a"reement +eteen 's not to re%o&e or (han"e o'r  ills. I am free to re%o&e or (han"e my ill at any time.

2.

 APPOINTMENT OF GUARDIANS

If my ife dies +efore me, I a!!oint, as the "'ardian of any of my (hildren ho are 'nder 1 at my death, my sister in la MADDALENA VECCHIARELLI .

3.

APPOINTMENT OF EXECUTORS AND TRUSTEES

I a!!oint my ife LIDOVINA VECCHIARELLI   to +e the only e-e('tor and tr'stee of this ill. If my ife dies +efore me, ref'ses to a(t or is 'na+le to a(t, or her a!!ointment does not ta&e effe(t for any other reason, I a!!oint my sister in la MADDALENA VECCHIARELLI  instead.

4.

ADMINISTRATION OF ESTATE

y Tr'stees m'st hold my #state on tr'st. They may sell all or any of the assets in my #state as they (onsider a!!ro!riate. /rom my #state they m'st !ay  a

my de+ts3

+

my f'neral and testamentary e-!enses3

(

all the "ifts in this ill3 and

y Tr'stees m'st hold hate%er remains hen these !ayments ha%e +een made Tr!" F#$ on the tr'sts in the folloin" (la'ses. The term Tr'st /'nd also in(l'des the assets re!resentin" the remainder, and any added in(ome.

5.

GIFT OF THE TRUST FUND

y Tr'stees m'st hold the Tr'st /'nd on tr'st for my ife a+sol'tely if she is li%in" at my death.

2

5.1

S'+4e(t to the !re%io's !ro%isions in this (la'se 5 and !ro%ided my ife fails to o+tain a %ested interest herein, for any reason hatsoe%er, my Tr'stees m'st hold the Tr'st /'nd on tr'st for s'(h of my (hildren as shall s'r%i%e me and if more than one in e'al shares a+sol'tely.

5.2

S'+4e(t to the !re%io's !ro%isions in this (la'se 5 and !ro%ided all of my (hildren fail to o+tain a %ested interest herein, for any reason hatsoe%er, my Tr'stees m'st hold the Tr'st /'nd on tr'st for s'(h of my sister EMILIA ELEUTERI  and my +rother  LUCA ELEUTERI as shall s'r%i%e me and if more than one in e'al shares a+sol'tely.

6.

SECTION 32 OF THE TRUSTEE ACT 1%25

Se(tion )2 of the Tr'stee *(t 1925 a!!lies to interests 'nder this ill 'nless e-!ressl y e-(l'ded.

&.

SECTION 33 OF THE WILLS ACT 1'3&

Se(tion )) of the $ills *(t 1)7 does not a!!ly to any "ift in this ill.

'.

POWER FOR (ENEFICIARIES TO DISCLAIM GIFTS

*ny +enefi(iary of this ill may dis(laim any interest in my #state in hole or in  !art.

%.

SURVIVORSHIP CLAUSE

I de(lare that sho'ld my ife or any of my (hildren fail to s'r%i%e me +y )0 days he, she or they shall +e treated as ha%in" died +efore me.

1).

THE SCHEDULE AND ADMINISTRATIVE PROVISIONS

10.1

The s(hed'le forms !art of this ill and has effe(t as if set o't in f'll in the +ody of  this ill and any referen(e to this ill in(l'des the s(hed'le.

10.1

The standard !ro%isions of the So(iety of Tr'st and #state ra(titioners 2nd #dition a!!ly to this ill.

11.

APPOINTING NEW TRUSTEES

11.1

y sister in la MADDALENA VECCHIARELLI   has the !oers to a!!oint tr'stees of this ill "i%en +y se(tion )6 of the Tr'stee *(t 1925.

)

11.1

The !oers of a!!ointin" tr'stees may +e 'sed to a!!oint a tr'stee ho is resident anyhere in the orld.

11.2

The !oers of a!!ointin" tr'stees may +e 'sed to a!!oint any (om!any as the sole tr'stee of this ill. If a retirin" tr'stee is re!la(ed +y a (om!any that is to +e the sole tr'stee of this ill, the retirin" tr'stee is f'lly dis(har"ed from the tr'steeshi!.

12.

PA*ING AND PROTECTING M* TRUSTEES

12.1

*ny rofessional Tr'stee is entitled to (har"e, and +e !aid, reasona+le rem'neration for any ser%i(es that the rofessional Tr'stee or his or her firm !ro%ides.

12.2

If a rofessional Tr'stee is a Ban& or a (om!any asso(iated ith a Ban&, it or the asso(iated Ban& may a(t as +an&er to my Tr'stees itho't +ein" lia+le to a((o'nt for  any res'ltin" !rofits.

12.)

*ny of my Tr'stees may +e !aid for +ein" a dire(tor, offi(er or em!loyee of or of a s'+sidiary of any (om!any hose shares or se('rities form !art of the Tr'st /'nd.

12.

y Tr'stees may e-er(ise any !oer for the +enefit of a +enefi(iary 'nder this ill ho is also one of my Tr'stees as lon" as my Tr'stees in(l'din" the +enefi(iary re(ei%in" the +enefit are at least to in n'm+er.

12.5

The folloin" may +'y Tr'st /'nd assets, sell assets to my Tr'stees or enter into other transa(tions ith my Tr'stees, +'t only if at least one of my Tr'stees has no interest in the transa(tion other than as one of my Tr'stees, and that Tr'stee (onsents to the transa(tion in ritin" a

12.6

any of my Tr'stees i

in a !ersonal (a!a(ity3 or 

ii

as tr'stee of another tr'st3 or 

iii

as a !artner in a !artnershi!3

+

the ife, h's+and, (i%il !artner or (hild of any of my Tr'stees3 and

(

any (om!any of hi(h any of my Tr'stees is a dire(tor.

 8one of my Tr'stees, other than a rofessional Tr'stee, is lia+le for any +rea(h of  tr'st 'nless it res'lts from the Tr'stee in 'estion a

a(tin" in a ay that he or she &nos to +e (ontrary to the interests of the  +enefi(iaries of this ill3 or

+

 +ein" re(&lessly indifferent a+o't hether an a(tion is (ontrary to the  +enefi(iaries interests.



S+,$ 1 M/#0#  r$! !$ 0# ",0! 0

1.

DEFINITIONS

The definitions in this (la'se a!!ly in this ill e-(e!t in relation to the standard  !ro%isions of the So(iety of Tr'st and #state ra(titioners. (/# a +an& or other finan(ial instit'tion. E!"/"  all the assets that I (an dis!ose of +y ill e-(e!t for my assets o'tside

#n"land and $ales.

2.

R EFERENCES TO TESTAMENTAR* EXPENSES

:eferen(es to "!"/7#"/r8 9:#!!  in(l'de all the e-!enses in('rred in o+tainin" a "rant of !ro+ate for my #state, s'(h as 1.1

the (osts of any a(tion that my Tr'stees need to ta&e, in(l'din" ne(essary le"al  !ro(eedin"s3

1.2

the (osts of (olle(tin" in, !reser%in" and sellin" assets in my #state3

1.)

the (osts of administerin" my #state, in(l'din" the !rofessional (har"es of  soli(itors, %al'ers and other ad%isers3 and

1.

3.

inheritan(e ta- for hi(h my Tr'stees are lia+le 'nder this ill, and hi(h is treated as !art of the "eneral testamentary and administration e-!enses of my #state 'nder  se(tion 2111 of the Inheritan(e Ta- *(t 19.

R EFERENCES TO THIS WILL

:eferen(es in this ill to ",0! 0  in(l'de any (odi(il to this ill. ;oe%er, any referen(e to the date of this ill is a referen(e to the date of this !arti('lar do('ment.

5

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