Hi,
Could someone please help me? Could someone give me a simple yet detailed plain english explanation as to what is going on and what exactly is being said in this document? I do not understand it.
All names/dates have been changed. All people involved are in Victoria.
Any help would be much appreciated.
THIS IS THE LAST WILL of me BETSY SUE SIMPSON of 500 Flower Street Melbourne in the state of Victoria, Home Duties.
1. I revoke all Wills and testamentary dispositions previously made by me.
2. I appoint my husband PETER MATTHEW SIMPSON (''PETER'') and my solicitor PAUL JEREMY HARRIS of the firm of Harris & Partners (hereinafter called ''my trustees'') Executors of this my Will and Trustees of my estate.
3. I give devise and bequeath the whole of my estate both real and personal whatsoever and wheresoever situate unto my Trustee UPON TRUST to pay thereout all my just debts funeral and testamentary expenses and any duties payable in connection with my estate and to stand possessed of the balance thereof UPON TRUST for PETER absolutely.
4. Should PETER predecease me or not survive me for more than 30 days THEN I give devise and bequeath the whole of my estate both real and personal whatsoever and wheresoever situate unto my trustee UPON TRUST to pay thereout all my just debts funeral and testamentary expenses and any duties payable in connection with my estate and to stand possessed of the balance thereof UPON TRUST for my sons LARRY BORIS WINTER (''LARRY'') and BARRY RICHARD WINTER (''BARRY'') equally between them.
5. I DECLARE that in addition to all other powers conferred by law my Trustees shall have the following powers:
(a) To retain as an authorised investment of my estate such part or parts therof as my Trustee may think proper.
(b) To invest trust moneys for the time being in their hands and available for investment under the terms of this will in accordance with Part 1 of the Trustee Act 1958
(c) To apply the whole or any part of the income or capital of the vested presumptive or contingent share of any beneficiary as my Trustees may think fit for or towards the advancement maintenance support education benefit or use of that beneficiary and (without limiting the advancement and maintenance powers hereby given) with power to pay the same (without seeing to its application) to any person who in the opinion of my Trustee is the guardian or has the care and custody of that beneficiary or who is apparently willing and able to so use that income or capital.
IN WITNESS whereof I have hereunto set my hand this 10th day of August Two Thousand and Sixteen.
BETSY'S SIGNATURE HERE
SIGNED by the said BETSY SUE SIMPSON the Testator as and for her last Will in the presence of us both present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses.
--signature--- ---signature---
GEORGE JOHN BROWN
of 10 Main Street, Melbourne 3000
An Australian Legal Practitioner within the meaning of the Legal Profession Uniform Law (Victoria)
STACEY JANE PARKER
clerk to HARRIS & PARTNERS
An Australian Legal Practitioner within the meaning of the Legal Profession Uniform Law (Victoria)
STACEY JANE PARKER
clerk to HARRIS & PARTNERS
An Australian Legal Practitioner within the meaning of the Legal Profession Uniform Law (Victoria)
Could someone please help me? Could someone give me a simple yet detailed plain english explanation as to what is going on and what exactly is being said in this document? I do not understand it.
All names/dates have been changed. All people involved are in Victoria.
Any help would be much appreciated.
THIS IS THE LAST WILL of me BETSY SUE SIMPSON of 500 Flower Street Melbourne in the state of Victoria, Home Duties.
1. I revoke all Wills and testamentary dispositions previously made by me.
2. I appoint my husband PETER MATTHEW SIMPSON (''PETER'') and my solicitor PAUL JEREMY HARRIS of the firm of Harris & Partners (hereinafter called ''my trustees'') Executors of this my Will and Trustees of my estate.
3. I give devise and bequeath the whole of my estate both real and personal whatsoever and wheresoever situate unto my Trustee UPON TRUST to pay thereout all my just debts funeral and testamentary expenses and any duties payable in connection with my estate and to stand possessed of the balance thereof UPON TRUST for PETER absolutely.
4. Should PETER predecease me or not survive me for more than 30 days THEN I give devise and bequeath the whole of my estate both real and personal whatsoever and wheresoever situate unto my trustee UPON TRUST to pay thereout all my just debts funeral and testamentary expenses and any duties payable in connection with my estate and to stand possessed of the balance thereof UPON TRUST for my sons LARRY BORIS WINTER (''LARRY'') and BARRY RICHARD WINTER (''BARRY'') equally between them.
5. I DECLARE that in addition to all other powers conferred by law my Trustees shall have the following powers:
(a) To retain as an authorised investment of my estate such part or parts therof as my Trustee may think proper.
(b) To invest trust moneys for the time being in their hands and available for investment under the terms of this will in accordance with Part 1 of the Trustee Act 1958
(c) To apply the whole or any part of the income or capital of the vested presumptive or contingent share of any beneficiary as my Trustees may think fit for or towards the advancement maintenance support education benefit or use of that beneficiary and (without limiting the advancement and maintenance powers hereby given) with power to pay the same (without seeing to its application) to any person who in the opinion of my Trustee is the guardian or has the care and custody of that beneficiary or who is apparently willing and able to so use that income or capital.
IN WITNESS whereof I have hereunto set my hand this 10th day of August Two Thousand and Sixteen.
BETSY'S SIGNATURE HERE
SIGNED by the said BETSY SUE SIMPSON the Testator as and for her last Will in the presence of us both present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses.
--signature--- ---signature---
GEORGE JOHN BROWN
of 10 Main Street, Melbourne 3000
An Australian Legal Practitioner within the meaning of the Legal Profession Uniform Law (Victoria)
STACEY JANE PARKER
clerk to HARRIS & PARTNERS
An Australian Legal Practitioner within the meaning of the Legal Profession Uniform Law (Victoria)
STACEY JANE PARKER
clerk to HARRIS & PARTNERS
An Australian Legal Practitioner within the meaning of the Legal Profession Uniform Law (Victoria)
