Page 24 - Estate Planning Documents

b) All actions, proceedings, costs, claims and demands in relation to any matter or thing
done or omitted to be done concerning the trust; but
c) The only rights of indemnity shall be limited to the assets and investments of the trust.

34. The Appointor

34.1 The Appointor shall have the ability to remove any person acting as trustee of the Beneficiary

Controlled Testamentary Trust by written instrument and to appoint another person(s) in
place of such removed Trustee. In doing so, the Appointor may place any restrictions or
conditions on such appointment (for example, such appointment may be revocable or
irrevocable).
34.2 The initial Appointor of the Beneficiary Controlled Testamentary Trust shall be the Primary
Beneficiary, or in the case of a Primary Beneficiary under the age of 25 years, the Executor,
subject to the provisions of the succeeding subclauses of this clause. Such person shall have
the power to appoint a person as an additional, replacement or successor Appointor in their
place by written instrument (including by deed, Will or codicil).

34.3 An Appointor may resign at any time by written instrument and giving notice to the Trustee
whereupon that person shall cease to be an Appointor.

34.4 Where there are several Appointors appointed, such Appointors shall act jointly.

34.5 If the Appointor (or in the case of 2 or more Appointors, each of the Appointors) is or becomes
a Disqualified Person, then they shall cease to be an Appointor and the Legal Personal
Representative of the Appointor shall be or assume the role of Appointor, or one of the
Appointors in the Disqualified Person’s place provided that if the condition that caused the
Appointor to be a Disqualified Person ends, is reserved or otherwise ceases to apply, then that
former Appointor will assume their position as Appointor, or if several Appointors are in office
jointly, then with the other Appointors at that time.
34.6 Subject to any written nomination by the Appointor to the contrary, the succession of

Appointor shall be as follows:
a) In the case of death or Legal Disability of a sole individual Appointor, on their death or
Legal Disability then:
i) The persons who would have become Primary Beneficiaries under the clause
headed “Distributions in Lieu” in the Main Provisions of My Will as if the
Primary Beneficiary failed to survive me by 30 days; but failing that
ii) The Legal Personal Representative of the Appointor.
b) In the case where several Appointors are appointed, then:
i) The remaining Appointor or Appointors who are alive and who are not subject
to a Legal Disability; but
ii) Upon the death or Legal Disability of the last of the Appointors to die or
become subject to a Legal Disability, the persons who would have become
Primary Beneficiaries under the clause headed “Distributions in Lieu” in the
Main Provisions of My Will as if the Primary Beneficiary failed to survive me
by 30 days; but failing that

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