Draft Double Will for………

This is the last Will and Testament

– of – Tracy Jane Christmas

– of – 58 Elmdon Road

South Ockendon,

Essex, RM15 5BF

Declaration

1. I Hereby Revoke all former Wills and testamentary dispositions made by me and declare this to be my last Will

Appointment Of Executors

2. I Appoint my husband Daren Christmas to be the Executor and Trustee of this my Will (hereinafter called ‘my Trustees’ which expression shall include the Trustee or Trustees for the time being hereof) but should he be unable or unwilling to fulfil this role then I appoint my sister Deborah Ann Burke of Quince Farm, Spring Lane, Yaxham, NR19 1SA in substitution

Property Trust

3. (a) I Give to my Trustees my share of the house known as 58 Elmdon Road, South Ockendon, Essex, RM15 5BF or my share of any other property that becomes the main family home UPON TRUST with the consent of my husband Daren Christmas during his life to sell the same (but with full power to postpone such a sale without being liable for any loss) and to hold the net rents and profits (if any) and the net income from the proceeds of the sale in trust for my said husband during his life and after his death my Trustees shall hold the said house or other dwelling-house for the time being held by them upon the trusts of this gift or the net proceeds of sale or the investments for the time being representing the same UPON the TRUSTS and with and subject to the powers and provisions hereinafter declared concerning my Residuary Estate so that this property shall be distributed according to the provisions of clause 6C of this my Will

(b) Pending the sale of the said house and if the same be sold then pending the sale of any other such dwelling-house for the time being held by my Trustees upon the trusts of this gift they shall allow my husband Daren Christmas to occupy the same for so long as he shall wish to do so UPON such terms and conditions as in their absolute discretion my Trustees shall think fit to require as to the payment of taxes and other outgoings in respect thereof and as to the insurance and repair thereof AND so that in the like discretion if my Trustees shall from time to time think fit to do so they shall have power (but shall not be under any obligation) to discharge any of the last mentioned liabilities or any part thereof out of the income or capital of my Residuary Estate in priority over any beneficial interest therein

(c) My Trustees shall have power at the request of my husband Daren Christmas to apply the whole or any part of the proceeds of any sale under the trusts of this gift in or towards the purchase of another dwelling-house or flat and thereupon the same shall be held upon the trusts of this gift and with all the powers applicable thereto

Appointment of Guardians

4. I Appoint my sister Deborah Ann Burke of Quince Farm, Spring Lane, Yaxham, NR19 1SA to be the testamentary guardian of my minor child Grace Elizabeth Rose Christmas should my husband Daren Christmas die in my lifetime

Distribution of the Residual Estate

5. I Give Devise and Bequeath all my real and personal estate of whatsoever nature and wheresoever situate not otherwise disposed of by this Will or any Codicil to it (including any property over which I may have a general power of appointment or disposition by Will) to my Trustee upon trust to sell call in and convert the same into money with full power in their absolute and uncontrolled discretion to postpone such sale calling in and conversion for so long a period as they shall think fit without being responsible for loss

6. My Trustee shall hold the net proceeds of such sale calling in and conversion together with my ready money and any property for the time being remaining unconverted upon the following trusts:

(a) Upon trust to pay thereout all my just debts, legacies, funeral and testamentary expenses and to any trusts declared earlier and subject thereto

(b) Upon trust absolutely for my husband Daren Christmas but should said husband die in my lifetime then

(c) Upon trust absolutely for my daughter Grace Elizabeth Rose Christmas

Trustee Powers

7. I Declare that any Trustees hereof shall have power to employ a Solicitor an Accountant or any other person engaged in any profession business or trade in connection with the trusts hereof including acts which a Trustee not being in any profession business or trade could have done personally and that persons thus employed shall be entitled to be paid all of the usual professional business and trade charges for business transacted time expended and acts done by him or an employee or partner and that such payment shall be made from my Estate as part of my testamentary expenses

8. Without Intending to derogate from the statutory powers of maintenance and advancement conferred by sections 31 and 32 of the Trustee Act 1925 I declare that my Trustees may at any time or times in their absolute discretion apply any part or parts of the capital (up to the whole extent) of a share or interest in my residuary estate of a beneficiary hereunder for the maintenance education advancement benefit or advantage in any such way as my Trustees shall think fit of such beneficiary

9. Whenever My Trustees shall determine herein to apply any income or capital for the maintenance support or benefit of any minor they may themselves apply that income or capital or pay the same to the parent or guardian of such minor without seeing the application thereof and without regard to the means of such parent or guardian or to the amount of any other income of such minor

10. I Declare that any money liable to be or required to be invested under this my Will may be invested in the purchase of or at interest upon the security of such stocks funds shares securities or other investments of whatsoever nature and wheresoever situate and whether involving liability or not upon such personal credit with or without security as my Trustees shall in their absolute discretion think fit to the intent that my Trustees shall have the same full and unrestricted powers of investing and transposing investments in all respects as if they were absolutely entitled thereto beneficially

11. I Declare that my Trustees may exercise the power of appropriation conferred by section 41 of the Administration of Estates Act 1925 without obtaining any of the consents required by that Section and even though he she or they may be beneficially interested in the property appropriated
12. I Declare that all income accruing wholly or partly before the date but received after the date when a beneficiary under my Will shall attain a vested interest in income shall not be apportioned but shall be applied as income received wholly after such attainment of a vested interest

13. I Declare that my Trustees shall have power to insure against loss or damage by fire or from any other risk any property for the time being comprised in my estate to any amount and even though a person may be absolutely entitled to the property and to pay the insurance premium out of the income or capital of my estate or the property itself and any money received by my Trustees under such a policy shall be treated as if it were the proceeds of sale of the property insured

14. Not Withstanding the provisions of Section 11 of the Trusts of Land and Appointment of Trustees Act 1996 my Trustees shall not be bound to consult with any beneficiary or to give effect to the wishes of any beneficiary in exercising any of the powers or obligations vested in them by this my Will or otherwise and Sections 19 and 20 of the same Act do not apply to the trusts created by this my Will

15. Every Person who would otherwise benefit under this my Will but who fails to survive me for thirty clear days shall be treated for the purposes hereof and for the purposes of the devolution of my estate as having predeceased me and my estate and the intermediate income thereof shall devolve accordingly to the intent that no person shall be entitled to any intermediate income from my estate or any part of it if he or she dies within that period or acquire therein or in any part thereof a vested interest (or a vested interest subject to defeasance) before the end of it

IN WITNESS whereof I have hereunto set my hand

Date:

Signature:

Signed by the above Testatrix Tracy Jane Christmas as and for her last Will and Testament in the presence of us both present at the same time together who then at her request in her presence and in the presence of each other hereunto subscribed our names as witnesses