Page 21 - Estate Planning Documents
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BCTT TERMS SCHEDULE
29. Declaration of Terms
Where a person is nominated as a Primary Beneficiary of a trust under this Will (“the
Beneficiary Controlled Testamentary Trust”), I declare that the terms provided in this Schedule
shall apply to such trust, unless otherwise provided for in my Will.
30. Name of the Trust
The Primary Beneficiary of the relevant trust established under this Will shall have the power
to name the trust.
31. General Beneficiary Class
The General Beneficiaries of the Beneficiary Controlled Testamentary Trusts shall be the
following:
a) The Primary Beneficiary;
b) Any person who is a descendant of a grandparent of a Primary Beneficiary;
c) Any person who is a descendant of a grandparent of a Domestic Partner, Associate or
Dependant of any of the persons specified in the preceding 2 paragraphs;
d) Any additional person or entity (including companies and trustees of trusts) which the
Trustee may from time to time nominate to be a General Beneficiary of the trust;
e) The trustee of any other trust of which any one or more persons or entities referred
to in this paragraph is a beneficiary or holds a direct or indirect interest (whether
present, contingent, expectant or otherwise);
f) Any company in which any one or more persons or entities referred to in this
paragraph has a beneficial interest in a share (whether present, contingent, expectant
or otherwise) or is a director; and
g) Any charitable or religious fund or body;
provided that the Trustee may:
h) Elect to temporarily or permanently exclude a General Beneficiary from all or any part
of the trust;
i) Elect to temporarily or permanently refrain from distributing or providing Net Income,
capital or other benefits in respect to all or any part of the trust, to or for the benefit
of a General Beneficiary; or
j) Need to take into account any family trust or other election that may be made.
Note: a person or entity shall be a General Beneficiary even if the person or entity had not
been born, incorporated or otherwise come into existence or complied with the relevant
description until after the establishment of the trust (but not later than the Vesting Date).
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