Page 28 - Estate Planning Documents

funds on the ANPT Principal Beneficiary to ensure that their welfare is provided for.
For example and without limiting the generality of this paragraph, the ANPT Trustee
may expend funds on travel, recreation, household effects, entertainment, personal
items and holiday travel and activities; and
c) Lastly, in respect of any Net Income of the ANPT Fund not applied or distributed under
this subclause (“the Excess Net Income”) the ANPT Trustee may either:
i) Pay, apply for the benefit of or allocate all or any part or parts of the Excess
Net Income to:
A) The ANPT Principal Beneficiary;
B) A descendant or other dependant of the ANPT Principal Beneficiary
(provided that the prior written consent of the ANPT Principal
Beneficiary or their Legal Personal Representative has been obtained);
C) A company of which the beneficial ownership or interest is confined

to the above beneficiaries (provided that the prior written consent of
the ANPT Principal Beneficiary or their Legal Personal Representative
has been obtained);
D) A company of which the sole shareholder is the ANPT Trustee in its

capacity as trustee for the ANPT Fund; or
E) A combination of the above; or
ii) Accumulate the whole or any part or parts of the Excess Net Income as an

accretion to the ANPT Fund.
41.3 For the purposes of the preceding subclause, the ANPT Trustee shall be required to assess the
welfare of the ANPT Principal Beneficiary in determining the Net Income or capital of the ANPT
Fund to be applied.

41.4 The ANPT Trustee shall be required to review the ANPT Principal Beneficiary’s needs at least
every 6 months and be required to consult with the ANPT Principal Beneficiary or the ANPT
Principal Beneficiary’s immediate care giver (if any).

42. Right of Occupation in any Residential Property

The ANPT Principal Beneficiary shall have an express right of residence in any residential
property forming part of the ANPT Fund for the ANPT Term.
43. Additional Directions and Powers

43.1 In administering the ANPT Fund, the ANPT Trustee shall be required to prioritise the interests
of the ANPT Principal Beneficiary over any other beneficiary’s interest in the Net Income or
capital of the ANPT Fund.
43.2 My Executor or the ANPT Trustee (as the case may be) shall, in administering the ANPT Fund:
a) Consider the ANPT Principal Beneficiary as a Sharing Beneficiary for the purposes of

the clause entitled “Direction to Adjust Entitlements to my Wealth” in the Adjustment
of Aggregate Wealth Schedule;

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