Page 5 - Estate Planning Documents
P. 5

INITIAL ADMINISTRATION

               5.     Initial Administration


               5.1    My Executor shall, subject to its powers set out the Powers of the Executors and Trustees
                      Schedule,  sell,  call  in  or  convert  into  money  any  part  of  My  Estate  and,  subject  to  the
                      succeeding subclause, pay any debts, funeral and other expenses, costs or fees associated
                      with my death or the administration of My Estate (“Testamentary Expenses”).

               5.2    My Executor shall then deal with the balance of My Estate remaining after the payment and
                      discharge of Testamentary Expenses in accordance with the remainder of this Will.

               5.3    In the event of My Estate’s insolvency, My Executor shall not be required to use any payments
                      that are paid into My Estate to pay my creditors that are exempt from being “property divisible
                      amongst creditors” under section 116 of the federal Bankruptcy Act 1966.

               BENEFICIARIES OF MY ESTATE

               6.     Main Residence

               6.1    If my spouse ESTHER ANNE JONES survives me by 30 days, My Executor shall hold the Main
                      Residence  (“the  Main  Residence  Fund”)  on  trust  for  ESTHER  ANNE  JONES  (“the  Main
                      Residence Life Tenant”) as the Main Residence Life Tenant in accordance with the provisions
                      of the Main Residence Terms Schedule, unless My Executor, with the consent of ESTHER ANNE
                      JONES decides to distribute the Main Residence as part of the Residual Estate in accordance
                      with the succeeding clause.

               6.2    For the purposes of the preceding subclause, I bring My Executor’s attention to the clause
                      headed “Discretionary Power to limit Life Interest” in the Main Residence Terms Schedule
                      which allow them to limit the Main Residence Life Tenant’s interest in the Main Residence (or
                      a Substituted Residence as the case may be) to a mere personal right to reside in the property
                      during the Residence Term.

               6.3    If the Main Residence Life Tenant survives me by 30 days, at the end of the Main Residence
                      Term (as defined in the Main Residence Terms Schedule), the remaining Net Income and
                      capital of the Main Residence Fund shall devolve in accordance with the remaining clauses of
                      this Will.

               6.4    If the Main Residence Life Tenant does not survive me by 30 days, then this clause shall lapse
                      and the Main Residence Fund shall be dealt with in accordance with the remaining clauses of
                      this Will.
               6.5    In this clause, “the Main Residence” means:
                      a)      The property which was my last main residence and was and still is owned by me at

                              the date of my death; but
                      b)      Excludes any interest I may have in a leasehold property or residential care facility.








               09.06.17:rga:170707_001.docx
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