John Williams Family Trust

Transcription

1 Build the legal document at legalconsolidated.com.au - telephone us. We can help you complete the questions. On law firm's website you: 1. retain legal professional privilege 2. benefit from the law firm's PI insurance 3. receive legal advice 4. get a signed letter on our law firm's letterhead with the legal document. Only a law firm provides the above. We also offer a 100% money back guarantee on every document you build. Dr Brett Davies, Partner 39 Stirling Highway Nedlands WA 6009 Telephone: Mobile: legalconsolidated.com Deed of Variation to Update the John Williams Family Trust Appointor Update Legal Consolidated s Reference: bkd:6727:8 Your Reference: bkd:jws:9283: Legal Consolidated What is this document? Here you can build a Deed of Variation to update your Family Trust s Appointors (and other positions of power, including Guardians). The Deed of Variation of your Family Trust: confirms the current Appointors who want to retire or are dead confirms those current Appointors who remain as Appointors appoints any new Appointors

2 Page 1 This Deed of Variation is made by: Appointors who are current but leaving are: Dual Engraving PTY LTD ACN Murray Street, Perth, Western Australia 6000 Australia Appointors who are staying are: David John Frost There is a 100% money back 948 Albany Highway, East Victoria Park, Western Australia 6101 Australia Appointors who are new are: Lincoln Andrew Jackson 72 Saint Georges Terrace, Perth, Western Australia 6000 Australia How to build this document: 1. Register for free 2. Build - get legal advice as you build. Pay for the document with your credit card. 3. Download - Print, and sign your legal document. 1. Operative 1. The John Williams Family Trust was created by a deed dated 18 September, 2011 as settled by the Settlor being Sam Michael Smith, together with any amending deeds (Trust Deed). The Settlor primes the Family Trust with 2. The Trustee its first position $10. And of the is heard John Williams of no more. Family is comprised of: Harry Brian Stevens 71 Stirling Highway, Nedlands, Western Australia 6009 Australia (Trustee) 3. The Appointors have examined the Trust Deed (or sought legal advice) and the Appointors are satisfied that there is power to revoke, add to and vary the terms of the trusts constituted by the Trust Deed. 4. The funds in the John Williams Family Trust The are Trustee not vested. is a puppet. The 5. The Appointors so vary the Trust Deed from Appointor the date is of god. this Deed The Trustee of Variation is the or as otherwise stated by minute. legal owner of the assets in the Family 6. The Trustee has been provided with a signed Trust. copy However, of this Deed. it is the Appointor that tells the Trustee what to do. 7. The funds in the John Williams Family Trust are not vested. The Appointor can sack the Trustee, 8. The Appointors so vary the Trust Deed from the date of this Deed of Variation or as otherwise stated by minute. as any time. 9. The Trustee has been provided with a signed copy of this Deed of Variation.

3 Page The Outgoing Appointors The following resign from the position of Appointor, Guardian and all other similar controlling position: Dual Engraving PTY LTD ACN Murray Street, Perth, Western Australia 6000 Australia Where an Outgoing Appointor is unable to sign because of death or incapacity then their legal representative, legal personal representative or another Appointor signs on their behalf or under authority of the Trust Deed. 11. The Remaining Appointors: The following confirm that they will continue to hold the position of Appointor, Guardian and all other controlling positions: David John Frost 948 Albany Highway, East Victoria Park, Western Australia 6101 Australia 12. The New Appointors: The following be appointed to the position of Appointor, Guardian and all other controlling positions: Lincoln Andrew Jackson 72 Saint Georges Terrace, Perth, Western Australia 6000 Australia The New Appointors accept the appointment. 2. Severing to reduce tax and stamp duty 1. The Trust Deed and this Deed of Variation is interpreted to reduce taxes, imposts, duties and stamp duty (including State and federal) (Taxes) and avoid any illegality. If any clause nonetheless fails to reduce Taxes or is illegal, it is severed, read down or fettered, as required, from the Trust Deed or Deed Legal of Variation Consolidated to the extent Barristers of the illegality & or in the furtherance of the reduction of the Taxes. Solicitors is a specialist tax law firm. 2. The Trust Deed and this Deed of Variation is read down so that no mandatory taxation law or Taxes, from time to time, is contravened These that clauses would allow lead to you an to unfavourable reduce tax taxation position. and stamp duty. 3. For land ownership registration requirements, including where there is a change of Trustee then all powers in the Trust Deed and this Deed of Variation are severed, read down or fettered, as required, and vesting restricted, as required to allow for minimal duty or stamp duty in the relevant jurisdiction.

4 Page 3 3. What isn't varied? All the other terms contained and implied in the Trust Deed remain in full force and effect. 4. Do we use the definitions in the Trust Deed? Unless the context otherwise requires, the expressions and expressions of similar import Your Family Trust can contained in this Deed of Variation have the same meanings as in the Trust Deed. This Deed of Variation does not alter the rights or entitlements last of any for classes 80 years. of the Laws Beneficiaries. 5. Deed of Variation versus the Trust Deed put the maximum This Deed of Variation is supplemental to the Trust Deed within the meaning of the amount of flexibility in applicable Property Law Act. If any of the terms of the Trust Deed are inconsistent with the terms of this Deed of Variation, then the terms of this Deed your of Variation Deed and prevail. Deeds of 6. Decision making in more than one place and Notices save tax. 1. This Deed of Variation may be executed in different locations by signing identical documents and all counterparts together constitute the Deed of Variation. 2. Meetings and decision making can be conducted in more than one place via telephone, the Internet or other means. 3. Notices may be provided via the post or Interpreting the Deed of Variation and taxes change. We HOWEVER, this Deed of Variation in no way constitutes Variation a resettlement to help of the your Trust Deed or any part of the Trust Fund. If anything in this Deed of Variation accountants, would otherwise your establish a resettlement of the John Williams Family Trust then the applicable words are read down so children s accountants as not to constitute a resettlement. and your grandchildren s accountants In this Deed of Variation unless the context indicates a contrary intention: Document monitoring (a) Programme headings are for convenience only and do not affect interpretation (b) (c) (d) Legal a reference Consolidated to a person includes a reference to: individual; body corporate Barristers (wherever& incorporated); Solicitors body politic; association of persons (whether incorporated s or unincorporated) you if the laws partnership; ever trust; person in the capacity as a trustee; person in the capacity as the Personal Representative of a deceased estate and change so you can update superannuation fund your legal document. the plural includes the singular and vice versa and a reference to any gender Just keep your address includes every other gender current at Your Records. a reference Dr Brett to the Davies, Deed Partner of Variation includes a reference to any amendment, novation, variation, supplemental deed or replacement from time to time D:

5 Page 4 (e) (f) a reference to any party to this Deed of Variation includes successors or permitted assigns a reference to laws in this Deed of Variation refers to those laws as amended or replaced as consistent with the overall purpose of the Deed of Variation and does not lead to an anomaly (g) a reference to any statute, or any subordinate legislation or instrument includes all statutes, subordinate legislation or instruments amending, modifying, consolidating, re-writing, re-enacting or replacing them and a reference to a statute includes all subordinate legislation and instruments made under that statute EXECUTED for and on behalf of Dual Engraving PTY LTD ACN by authority of its Directors in accordance with section 127 of the Corporations Act 2001 (Cth) We founded the first on-line document website Our law firm s partners started the first on-line document website in Australia. Our partners have generated over 18,422 legal documents. Telephone us any-time for legal advice on how to answer the questions to build your document. Signature of Director or Secretary Signature of Director (if a 2 nd ) Remember you are dealing directly with a law firm s website, therefore you get 1. Legal advice 2. Lawyer insurance 3. Lawyer s letter 4. Retain Legal Professional Privilege. Dr Brett Davies, Partner SIGNED, SEALED AND DELIVERED by David John Frost: (Signature of witness) (Name of witness) David John Frost SIGNED, SEALED AND DELIVERED by Lincoln Andrew Jackson

6 Page 5 (Signature of witness) Lincoln Andrew Jackson (Name of witness)

7 Minute Book page number. Minutes of the John Williams Family Trust Quorum: It was noted that a quorum was present at the meeting. Harry Brian Stevens 71 Stirling Highway, Nedlands, Western Australia 6009 Australia (Trustee) received notice of this meeting and that all consent to the meeting being held and waive any requirement for any specified period of the notice of the meeting. It was resolved unanimously that the meeting is validly constituted regardless of any failure to give notice as required under any rules, constitutions or the Corporations Act. Chairperson: It was resolved that the person signing these minutes be the chairperson (Chairperson). Upon tabling the fully executed Deed of Variation (in triplicate) to update the Appointors that varies the John Williams Family Trust IT WAS RESOLVED that: 1. the Trustee receives and notes the duly executed Deed of Variation to amend the John Williams Family Trust 2. authority is given to allow the Deed of Variation to be provided to any relevant lending institutions, as required 3. the Deed of Variation be lodged for stamp duty, if required 4. because of its value and that banks will generally not open bank accounts or provide loans if the bank does not cite original Deeds, the three duly executed Deeds of Variation were protected and stored as follows: a. one Deed of Variation to the accountant b. one Deed of Variation to be kept in the bank vault c. and the final Deed of Variation to be kept by the Trustee of the John Williams Family Trust in the secretary folder 5. the Trustee conducts an audit to ensure that it has original Deeds of the following a. the Trust Deed that established the Trust b. any subsequent deeds of variation Closure: There being no further business the meeting was declared closed.

8 Signed as a true and correct record of the meeting immediately after the meeting.... Chairperson Your Reference: bkd:jws:9283:2832 Our Reference: bkd:6727 Enquiries: Dr Brett Davies Direct Telephone: brett@legalconsolidated.com Tuesday, 15 March 2016 We confirm that we act for: Updating the John Williams Family Trust Appointor Update Harry Brian Stevens 71 Stirling Highway, Nedlands, Western Australia 6009 Australia (Trustee) as Trustee of the John Williams Family Trust (Trust). Thank you for building the enclosed Deed of Variation of the John Williams Family Trust to update the Appointors and Guardians. We confirm that we have not reviewed or otherwise updated the Trust Deed. You should ensure that your Family Trust Deed remains up-to-date and have it reviewed each year. This Deed of Variation updates the Appointors and Guardians, which is important for Estate Planning and control of the Trust. We also suggest that the Appointors consider updating their Wills, if they have not already done so. This can also be done on-line at our website. We make special mention of the enclosed Minute regarding you needing to hold and retain, forever, original deeds. If you do not retain original signed deeds, you will not be able to open bank accounts or borrow money. Copies are not good enough. Insure that both you

9 and your accountant retain original deeds. They are precious and usually impossible to replace. Updating the John Williams Family Trust Page 2 If you have any questions, please contact us. Yours sincerely, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD LEGAL CONSOLIDATED BARRISTERS & SOLICITORS