Page 32 - Estate Planning Documents

i) To whom the individual is married from time to time; and
ii) With whom the individual is living or cohabiting (or with whom an individual
was living or cohabiting immediately prior to their death) in a bona fide
domestic relationships whether that person is of the same or opposite gender;
and
iii) To or with whom the individual was married or living or cohabiting with
immediately prior to their death.
k) “Effective Control” means:
i) The position held allowing the person or entity to administer a non-fixed trust
or to appoint and remove the trustee of a non-fixed trust and includes an
appointor, guardian, trustee, director of a Corporate Trustee or such other
position that gives this power; and
ii) The role of a person whose consent is required before the trustee is allowed

to exercise any power including the power to distribute capital, exclude
beneficiaries and amend the trust deed.
l) “Firm” means company, partnership, trustee of a trust, sole trader or other entity.
m) “Legal Disability” of an individual means when such a person does not understand the

nature or effect of their decisions or is unable to communicate them in some way.
n) “Legal Personal Representative” of an individual means:
i) In the case of the death of an individual, their executor or administrator; and
ii) In the case of the Legal Disability of an individual, the duly appointed attorney

under an enduring power of attorney relating to financial matters, or
administrator appointed by a Tribunal or government authority; but
iii) Does not include the trustee in bankruptcy.
o) “My Estate” means my deceased estate which may comprise both real and personal

property.
p) “My Non-Fixed Trusts” means any trust in which I hold Effective Control other than

My SMSFs.
q) “My SMSFs” means any self-managed superannuation fund of which:
i) I am a member; or
ii) Either I or my Legal Personal Representative is a trustee or director of the
Corporate Trustee.
r) “Professional Practitioner” means an Australian legal practitioner, an accountant or a
financial advisor who either holds an Australian financial services licence or who is an
authorised representative of a holder of an Australian financial services licence.
s) “Residual Estate” means the balance of My Estate that has not already been dealt with
in a previous clause of the Main Provisions of this Will.
t) “SMSF Corporate Trustees” means any companies acting as trustee of any of My
SMSFs in which I hold any shares.
u) “Superannuation Death Benefits” means “death benefits” as defined in section 307-5
of the Tax Acts.
v) “Tax Acts” means either or both of the federal Income Tax Assessment Act 1936 and
federal the Income Tax Assessment Act 1997 (as the case may be).

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