Page 29 - Estate Planning Documents

b) Have regard to any government benefits, concessions or entitlements that the ANPT
Principal Beneficiary may be receiving at the relevant time (including but not limited
to any means tested pension or health care card eligibility); and
c) Have the powers provided in the Powers of Executors and Trustees Schedule (“the
General Powers”), including the specific powers set out in the Schedule, but:
i) Must administer the ANPT Fund in accordance with the relevant Act governing
trustees in the jurisdiction in which the ANPT Fund is resident; and
ii) to the extent of any inconsistency between the General Powers and the
provisions of this Schedule, the latter shall prevail.

43.3 In addition to the General Powers, the ANPT Trustee shall have the following specific powers
in relation to the administration of the ANPT Fund:
a) The ANPT Trustee shall have the power to make, or cause to be made contributions
to a complying superannuation fund on behalf of the ANPT Principal Beneficiary in
respect of the Net Income of the ANPT Fund;
b) The ANPT Trustee shall have the power to acquire, or cause to be acquired an income
stream (including a pension or an annuity) on behalf of the ANPT Principal Beneficiary,
for the payment of benefits; and
c) In respect of any Capital Gain which results in a capital gains tax liability under the Tax
Acts, the ANPT Trustee:
i) May accumulate all or any part of the Capital Gain as an accretion to the ANPT
Fund;
ii) May elect to be assessed on any part of the Capital Gain, and shall be entitled
to seek reimbursement from the capital of the ANPT Fund required to meet
any capital gains tax liability resulting from such Capital Gain; and
iii) Shall use such of the capital of the ANPT Fund to reimburse a beneficiary in
respect of any capital gains tax liability they may bear resulting from such
Capital Gain, to which no one is specifically entitled within the meaning of the
Tax Acts.

43.4 The ANPT Trustee shall have an express power to make interest-free loans from the ANPT
Fund to the ANPT Principal Beneficiary with or without security for the purposes of:
a) Acquiring rights in a freehold or leasehold land in respect of the ANPT Principal
Beneficiary’s residency;
b) Acquiring rights in respect of the ANPT Principal Beneficiary’s residency in a
retirement village or residential care facility;
c) The payment of accommodation bonds and deferred management and exit fees; and
d) Retention amounts or other costs or fees incurred pursuant to a lease, licence or
accommodation bond agreement in respect of the ANPT Principal Beneficiary’s
residency.

43.5 The ANPT Trustee may from time to time and subject to obtaining the written consent of the
ANPT Principal Beneficiary or their Legal Personal Representative, alter, vary, revoke or add
to the terms of the trust by written instrument, provided that no amendment may:
a) Infringe any applicable law against perpetuities;

09.06.17:rga:170707_001.docx