Beruflich Dokumente
Kultur Dokumente
ANTONIO ELEUTERI
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1. SCOPE OF THIS WILL
1.3 Although this will is in similar terms to the will of my wife LIDOVINA
VECCHIARELLI, there is no agreement between us not to revoke or change our
wills. I am free to revoke or change my will at any time.
2. APPOINTMENT OF GUARDIANS
If my wife dies before me, I appoint, as the guardian of any of my children who are
under 18 at my death, my sister in law MADDALENA VECCHIARELLI.
If my wife dies before me, refuses to act or is unable to act, or her appointment does
not take effect for any other reason, I appoint my sister in law MADDALENA
VECCHIARELLI instead.
4. ADMINISTRATION OF ESTATE
My Trustees must hold my Estate on trust. They may sell all or any of the assets in
my Estate as they consider appropriate. From my Estate they must pay :
(a) my debts;
(b) my funeral and testamentary expenses;
(c) all the gifts in this will; and
My Trustees must hold whatever remains when these payments have been made
(Trust Fund) on the trusts in the following clauses. The term Trust Fund also
includes the assets representing the remainder, and any added income.
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5.1 Subject to the previous provisions in this clause 5 and provided my wife fails to
obtain a vested interest herein, for any reason whatsoever, my Trustees must hold the
Trust Fund on trust for such of my children as shall survive me and if more than one
in equal shares absolutely.
5.2 Subject to the previous provisions in this clause 5 and provided all of my children fail
to obtain a vested interest herein, for any reason whatsoever, my Trustees must hold
the Trust Fund on trust for such of my sister EMILIA ELEUTERI and my brother
LUCA ELEUTERI as shall survive me and if more than one in equal shares
absolutely.
Section 32 of the Trustee Act 1925 applies to interests under this will unless expressly
excluded.
Section 33 of the Wills Act 1837 does not apply to any gift in this will.
9. SURVIVORSHIP CLAUSE
I declare that should my wife or any of my children fail to survive me by 30 days he,
she or they shall be treated as having died before me.
10.1 The schedule forms part of this will and has effect as if set out in full in the body of
this will and any reference to this will includes the schedule.
10.1 The standard provisions of the Society of Trust and Estate Practitioners (2nd Edition)
apply to this will.
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11.1 The powers of appointing trustees may be used to appoint a trustee who is resident
anywhere in the world.
11.2 The powers of appointing trustees may be used to appoint any company as the sole
trustee of this will. If a retiring trustee is replaced by a company that is to be the sole
trustee of this will, the retiring trustee is fully discharged from the trusteeship.
12.1 Any Professional Trustee is entitled to charge, and be paid, reasonable remuneration
for any services that the Professional Trustee or his or her firm provides.
12.2 If a Professional Trustee is a Bank (or a company associated with a Bank), it or the
associated Bank may act as banker to my Trustees without being liable to account for
any resulting profits.
12.3 Any of my Trustees may be paid for being a director, officer or employee of (or of a
subsidiary of) any company whose shares or securities form part of the Trust Fund.
12.4 My Trustees may exercise any power for the benefit of a beneficiary under this will
who is also one of my Trustees as long as my Trustees (including the beneficiary
receiving the benefit) are at least two in number.
12.5 The following may buy Trust Fund assets, sell assets to my Trustees or enter into
other transactions with my Trustees, but only if at least one of my Trustees has no
interest in the transaction (other than as one of my Trustees), and that Trustee
consents to the transaction in writing:
(a) any of my Trustees:
(i) in a personal capacity; or
(ii) as trustee of another trust; or
(iii) as a partner in a partnership;
(b) the wife, husband, civil partner or child of any of my Trustees; and
(c) any company of which any of my Trustees is a director.
12.6 None of my Trustees, other than a Professional Trustee, is liable for any breach of
trust unless it results from the Trustee in question:
(a) acting in a way that he or she knows to be contrary to the interests of the
beneficiaries of this will; or
(b) being recklessly indifferent about whether an action is contrary to the
beneficiaries' interests.
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Schedule 1 Meaning of words used in this will
1. DEFINITIONS
The definitions in this clause apply in this will except in relation to the standard
provisions of the Society of Trust and Estate Practitioners.
Bank: a bank or other financial institution.
Estate: all the assets that I can dispose of by will except for my assets outside
England and Wales.
1.1 the costs of any action that my Trustees need to take, including necessary legal
proceedings;
1.2 the costs of collecting in, preserving and selling assets in my Estate;
1.4 inheritance tax for which my Trustees are liable under this will, and which is treated
as part of the general testamentary and administration expenses of my Estate under
section 211(1) of the Inheritance Tax Act 1984.
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