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010LEW.LGF
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1993-10-05
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10KB
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183 lines
(Husband that appoints a trust company as trustee, leaves
personal and household effects to his wife, leaving a life interest to
his wife with provision for income for his wife, with the remainder
upon the death of his wife to the children.)
Delete Text Above
THIS IS THE LAST WILL AND TESTAMENT of ,
________________________
1. I HEREBY REVOKE all wills and testamentary
dispositions of every nature and kind whatsoever by me
heretobefore made.
2. I NOMINATE, CONSTITUTE, AND APPOINT, the
_________________________________ Trust Company
to be the sole Executor and Trustee of this my Will.
3. I GIVE, DEVISE, AND BEQUEST all my property of
every nature and kind and wheresoever situate, including
any property over which I may have a general power of
appointment to my said Trustee upon the following
trusts, namely:
a) To use his or her discretion in the
realization of my estate, with power to my Trustee to
sell, call in and convert into money any part of my
estate not consisting of money at such time or times in
such manner and upon such terms, and either for cash or
credit or for part cash and part credit as my said
Trustee in his or her absolute discretion may decide
upon, or to postpone such conversion of my estate or any
part or parts thereof for such length of time as he or
she may think best, and I hereby declare that my trustee
shall have a separate and substantive power to retain
any of my investments or assets in the form existing at
the date of my death at his or her absolute discretion
without responsibility for loss to the intent that
investments or assets so retained shall be deemed to be
authorized investments for all purposes of this my Will.
b) To use his or her discretion in making
elections with power to make all such elections as he or
she shall deem in his or her absolute discretion to be
in the best interests of my estate as a whole, and
specifically, and elections as may be necessary under
The Income Tax Act and the provisions thereof from time
to time in force.
c) To make any division of my estate or set
aside or pay any share or interest therein, either
wholly or in part, in the assets forming my estate at
the time of my death or at the time of such division,
setting aside or payment, and I declare that my trustees
shall, in their absolute discretion, fix the value of my
estate or any part thereof for the purpose of making any
such division. setting aside or payment, and their
decision shall be final and binding upon all persons
concerned. In fixing the value of the assets of my
estate, I direct my Trustee to keep an even hand and I
direct them to take into account not only fair market
value of capital property but also its adjusted cost
base.
d) To make a distribution of assets
according to the items of this my Will if, in their
opinion, there is no further liability for any taxes
even though they have not obtained a clearance. My
Trustees may, if they consider it advisable, make any
such distribution, and as a condition for so doing shall
have the right to ask for and receive signed
indemnification from the beneficiaries to whom any such
distributions are made.
e) To pay my just debts, funeral, and
testamentary expenses, and all estate, legacy,
succession and inheritance taxes and duties (if any),
whether imposed by or pursuant to the law of any
domestic or foreign jurisdiction whatsoever, that may be
payable in connection with the property passing (or
deemed to pass by any governing law) on my death or in
connection with any insurance on my life or in
connection with any gift or benefit given or provided by
me either in my lifetime or by the survivorship or by
this my Will or any Codicil thereto, and whether such
taxes and duties payable in respect of estates or
interests which fall into possession at my death or any
subsequent time; and I hereby authorize my Trustees to
commute or repay any such taxes or duties.
f) To deliver to my wife all articles of
personal, domestic, and household use or ornament
belonging to me at my death, including consumable
stores, and all automobiles and accessories thereto then
owned by me.
g) To keep invested the residue of my estate
and to pay the net income derived therefrom to or for my
wife during her lifetime, provided that the amount to be
paid to my wife shall not be less than $ ____________ a
year, and if in any year the net income from the residue
of my estate should be less than the said sum, the
deficiency in such year shall be made up out of the
capital of such residue.
h) That upon the death of the survivor of me
and my wife, to hold the residue of my estate or the
amount thereof remaining in trust for my children then
alive in equal shares; provided that the share of each
child be held and invested by my trustee and the income
and capital, or so much thereof as my trustee in their
uncontrolled discretion consider necessary or advisable,
shall be paid to or used for the benefit of such child
until he or she attains the age of majority, when such
share or the amount thereof remaining shall be paid or
transferred to him or her, any income not so paid or
used in any year to be added to the capital and dealt
with as part thereof; and provided further, that if such
child should die before attaining the age of majority
such share or the amount thereof remaining shall be held
by my trustee in trust for the children of such child
who shall survive him or her in equal shares, or if such
child should leave no child him or her surviving, shall
be held by my trustee in trust for my children alive at
the death of such child in equal shares.
4. I DECLARE that in this my will the term 'trustee'
or 'trustees' and all references thereto shall (where
the context so permits) mean and include the Executor,
the Executrix, the Executors, the Trustee, the Trustees
for the time being hereof, whether original, additional,
or substitutional, and shall be construed accordingly.
5. If any of my children should become entitled to
any share in this my Estate before attaining the age of
18 years, the share of such person shall be held and
kept invested by my Trustee and the income and capital
or so much thereof as my trustee in his or her absolute
(but reasonable) discretion shall deem advisable, shall
be used for the benefit and education of such children
until he or she reaches the age of majority, when the
remaining balance of his or her portion remaining shall
be paid to that person for his or her own use absolutely.
6. If any person, other than my own children, shall
become entitled to any share in this my Estate before
attaining the age of majority, the share of such person
shall be paid to the parent, or parents, or trustee, or
guardian (as the case may be) of that person, in trust
for that minor; and the receipt signed by that parent,
or parents, or trustee, or guardian (as the case may
be) shall be sufficient to discharge my trustee of his
or her obligations under this my will.
7. It is my wish and instructions that my wife be
the guardian of my children; however, if my wife should
die before me, I hereby nominate, constitute, and
appoint as the guardian of my children,
________________________________ .
IN TESTIMONY WHEREOF I have to this my Last Will and
Testament written upon this and the preceding pages of
paper, subscribed my name this _________ day of
_______________________ , A.D. 19 _____ .
SIGNED, PUBLISHED, AND )
DECLARED by the said )
Testator as and for )
the Testator's Last )
Will & Testament, in )
the presence of us, )
both present at the )
same time, who, at the )
Testator's request, )
in the Testator's )
presence and in the )
presence and in the )
presence of each )
other, have hereunto )
subscribed our names )
as witnesses. ) ______________________________
__________________________ __________________________
witness witness