This is the last Will and Testament
– of – Tony William Anthony Rowland Jones
– of -45 Cray Avenue
Orpington
Kent, BR5 4AA
Declaration
- I Hereby Revoke all former Wills and testamentary dispositions made by me and declare this to be my last Will
Appointment Of Executors
- I Appoint my daughter Marianne Lynn Johnson of 1 Cranbrooks, Blind Lane, Mersham, Ashford, Kent, TN25 7HB together with my daughter Jennifer Olwen Ashdown of 40 Ryarsh Crescent, Orpington, Kent, BR6 9SQ to be the Executors and Trustees of this my Will (hereinafter called ‘my Trustees’ which expression shall include the Trustee or Trustees for the time being hereof)
Distribution of the Estate
- 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
- 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 in the following shares
(1) 50% for my daughter Marianne Lynn Johnson
(2) 50% for my daughter Jennifer Olwen Ashdown but in the event that said daughter dies in my lifetime then her share to be taken in substitution by her children divided in equal shares if more than one
Trustee Powers
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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 Testator Tony William Anthony Roland Jones as and for his last Will and Testament in the presence of us both present at the same time together who then at his request in his presence and in the presence of each other hereunto subscribed our names as witnesses
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