Page 21 - Estate Planning Documents
P. 21

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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