Page 27 - Estate Planning Documents
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ALL NEEDS PROTECTIVE TRUST TERMS SCHEDULE
39. All Needs Protective Trust for the ANPT Principal Beneficiary
39.1 Where a person is nominated as an ANPT Principal Beneficiary of the ANPT Fund under this
Will:
a) My Executor shall hold the ANPT Fund as defined in the Main Provisions of My Will on
trust for sale, but with the power to postpone such sale without any liability for any
loss as a result of such postponement; and
b) I declare that the terms provided in this Schedule shall apply to the ANPT Fund.
39.2 The initial ANPT Trustee shall be my Executor.
39.3 Whenever there is more than one trustee appointed as the ANPT Trustee, such persons are to
act jointly.
39.4 In this Schedule,
a) “ANPT Principal Beneficiary” has the same meaning as defined in the Main Provisions
of My Will;
b) “ANPT Fund” has the same meaning as defined in the Main Provisions of My Will;
c) “ANPT Term” means the period of time from the date of my death until each of the
ANPT Principal Beneficiary attain the age of twenty-five (25) years old; and
d) “Remainder Beneficiaries” means the beneficiaries who are to receive under the Main
Provisions of My Will at the end of the ANPT Term.
40. Name of the Trust
The ANPT Trustee shall have the power to name the All Needs Protective Trust.
41. Distribution of Net Income
41.1 For the purposes of this Schedule, the Net Income of the ANPT Fund shall be determined in
accordance with subsection 95(1) of the Tax Acts.
41.2 During the ANPT Term, the ANPT Trustee shall determine the Net Income of the ANPT Fund
at the end of each Accounting Period and shall apply such of the Net Income or capital of the
ANPT Fund for the benefit of the ANPT Principal Beneficiary, subject to the requirements of
the succeeding subclause. In doing so, the ANPT Trustee shall:
a) Firstly, have regard to the environment and accommodation of the ANPT Principal
Beneficiary, and shall ensure that the ANPT Principal Beneficiary have appropriate and
suitable accommodation given their circumstances. For these purposes, the ANPT
Trustee may acquire a legal, equitable, leasehold or other interest in a property or
other suitable accommodation (such as shared community) which provides the
appropriate services required given the circumstances of the ANPT Principal
Beneficiary and as required by them;
b) Secondly, have regard to the welfare, maintenance, education, support, advancement
or benefit of the ANPT Principal Beneficiary to improve or maintain a quality of life for
them. In doing so, the ANPT Trustee may provide the financial support or expend
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