EXTRACT of Living Will of FIRST MIDDLE LAST Date This is the Living Will and Testament of: FIRST MIDDLE LAST 1. Definitions in this Will: a. “General Executor” means the General Executor Absolute for the time being of this Living Will, and b. “Beneficiary” means one for whose benefit the trust has been created, the man or woman having perfect equity enjoyment of property, and 2. Appointment of General Executor: I do hereby appoint First Middle Last born on day month year A.D. to be the General Executor for the FIRST MIDDLE LAST ESTATE Birth Certificate Registration No: XXXXXXX inclusive of all and any derivations or continuances thereof, and 3. For the purpose of this Living Will the General Executor: a. has all the capacity and power in respect of the Estate that a natural person would have as the absolute owner of the Estate and acting in their capacity, for the benefit of the beneficiaries and their heirs, and b. may do anything the General Executor considers appropriate to administer the Estate, and c. has all the capacity and power in respect of the Estate to obtain benefits for the beneficiaries of the Living Will from accounts and trusts which are presently being held by the Public Domain, the State, and 4. Without limiting Clause 3, the General Executor may: a. exercise any powers given to the General Executor, and b. sell, convey, call in and convert into money the whole or any part of the Estate for the benefit of the beneficiaries, and c. pay, or arrange for the payment or assumption of, or reimburse anyone who has paid debts, taxes, expenses, testamentary expenses, or any other expenses, and d. any loss or liability incurred by the General Executor must be reimbursed to the General Executor from the Estate, and e. obtain and act upon advice from a solicitor, barrister, accountant, executor, auditor, actuary, or other professional advisor on any matter concerning the Estate within their area of expertise, and f. delegate in writing the exercise of any of the General Executor’s powers or discretions, and g. may apply for maintenance, education, advancement, or benefit for the beneficiaries and/or their heirs, and h. pay money or transfer other property to a beneficiary’s parent, significant other, guardian, care-giver or living heirs for these purposes without being required to supervise its application, and i. accept the receipt of a beneficiary’s parent, significant other, guardian or care-giver as an absolute discharge in respect of that payment or transfer, and Interpretation In this Living Will: a. reference to the General Executor includes an Administrator of the Estate and a Trustee of any Private Living Trust arising under the Living Will, and b. reference to the Estate or the balance of the Estate in any gift is to be read as meaning so much of the Estate as remains after the payments of the debts, and any other expenses associated with the administration of the Estate, and I, First Middle Last, the testator, sign my name to this instrument this date, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will, that I sign it willingly, that I execute it as my free and voluntary act for the purpose expressed in it, and that I am 18 years of age or older, of sound mind, and under neither constraint nor influence. Dated: Signed: We sign our names to this instrument, being first duly sworn and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator’s will, that the testator signs it willingly, that each of us, in the presence and hearing of the testator, hereby sign this will as witness to the testator’s signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under neither constraint nor influence. First Witness: Name: Second Witness: Name: Third Witness: Name:
Posted on: Tue, 06 Jan 2015 23:31:50 +0000
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