The words you are searching are inside this book. To get more targeted content, please make full-text search by clicking here.
Discover the best professional documents and content resources in AnyFlip Document Base.
Search
Published by , 2017-04-21 06:23:04

ABSA Trust

ABSA Trust

SIGNING INSTRUCTIONS

Study the content of your Will carefully to satisfy yourself that the content corresponds
with your instructions and wishes.

Your Will should be signed in duplicate on each page.

Sign the Will in the presence of two competent witnesses. Witnesses must sign each
page in your presence and in the presence of one another. A competent witness is any
person over the age of 14 years who is capable of giving evidence in a court of law,
with the exception of an heir or his/her spouse, the nominated executor, trustee,

Ensure that the document is dated correctly.

An incompletely signed Will is invalid.

After signing your Will, we strongly recommend that you return the originally signed
document to Absa Trust for safe custody via any Absa Branch to 25th Floor, Volkskas
Centre, 230 van der Walt street, Pretoria or by registered mail to PO Box 4680,
Pretoria, 0001.

CONFIRMATION OF SAFE CUSTODY

Please submit this confirmation to Absa Trust with your signed Will for safe
custody.

I, _________________________________ the undersigned, hereby confirm that:

I prefer Absa Trust Limited to keep my Will dated ___/___/_____ at a cost of
R84-00 per annum* to be debited one year after date of filing in safe custody. I
authorise Absa Trust Limited to debit my following account :

Bank Name
Branch Code
Account Number

*Complete bank account details unless exempted from paying the safe custody fee.
I prefer to keep my original Will dated ___/___/_____ myself.

Signed at _____________________________________________ on ___/___/_____.

_________________________ _________________________
Testator/trix Will Number

Will 41021919019

We, the undersigned,

GARRETH ERROL VERNON VAN LEEVE,
ID/Passport No. 7509225169088

and

CARMEN CANDICE VAN LEEVE,
ID/Passport No. 7605070175087

hereby revoke all wills and codicils previously made by us and declare this to be our will.

1. DEATH OF THE FIRST DYING

We nominate the survivor of us to be the sole beneficiary of the estate of the first dying of us.

2. DEATH OF THE SURVIVOR

In the event of the survivor of us dying without leaving a further valid will such survivor bequeaths his or her
estate to our children ALYSSA VAN LEEVE and LAYLA VAN LEEVE or, should a beneficiary not survive
the survivor of us, then to his or her issue by representation

Failing the above, the survivor of us bequeths his or her estate to OUR PARENTS.

3. SIMULTANEOUS DEATH

Should we die in circumstances where it cannot be established who was the first dying of us, we direct that
the same provisions as at DEATH OF THE SURVIVOR shall apply to our respective estates, provided that
cash legacies, if any, bequeathed on the death of the survivor of us, shall be paid from the same estate out of
which it was bequeathed or, pro-rata out of both estates should it not have been bequeathed in a specific estate

.............................................. ..............................................
Witness Testator

.............................................. ..............................................
Witness Testatrix

Page 1/4

at the DEATH OF THE SURVIVOR.

4. TRUST PROVISIONS

Should any of our beneficiaries not yet have attained the age of 21 years, we direct that the inheritance of such
a beneficiary shall be administered in trust by our trustee.

Should there however be insufficient cash in the inheritance or should it not be possible to generate sufficient
cash from the specific inheritance in order to clear the administration costs of the trust for the duration of the
trust, the inheritance of the beneficiary shall not be administered in trust by our trustee. The inheritance of the
beneficiary shall in such case be dealt with in accordance with the provisions stipulated by the Master of the
High Court.

The following powers and duties are granted to and imposed upon the trustee:

4.1 To accept, control and administer any assets.

4.2 To, should there during the existence of the trust be insufficient cash to clear the administration costs of the
trust for the duration of the trust, collect such shortfall from the trust beneficiary. Should it not be possible for
the trustee to collect such shortfall or to sell assets to the effect, we direct that the trustee may terminate the
trust. The inheritance of the beneficiary shall in such case be dealt with in accordance with the provisions
stipulated by the Master of the High Court.

4.3 To let or alienate the assets and to lease or purchase any movable or immovable property, at the discretion of
the trustee, in the best interest of the trust.

4.4 To invest any cash in such manner as the trustee may deem in the best interest of the trust, without being
restricted to recognised trustee securities. The trustee is also empowered to call up any investments and
reinvest the proceeds in accordance with the foregoing provisions.

4.5 To, for the benefit of the trust beneficiary and in order to carry out the conditions of this trust, borrow money
and furnish security for the proper repayment thereof, including the power to pledge or mortgage any assets of
the trust.

.............................................. ..............................................
Witness Testator

.............................................. ..............................................
Witness Testatrix

Page 2/4

4.6 To hand over any items of a household or personal nature to a beneficiary, or should a beneficiary be a minor,
then to his or her guardian for safekeeping against the acquittance of such a beneficiary or guardian, as the
case may be, which shall be a sufficient discharge to the trustee. It shall not be necessary for such beneficiary
or guardian to furnish security in this regard.

4.7 To apply so much of the net income and, if required, the capital as the trustee may deem necessary for the
maintenance and education of the beneficiary or for any other purpose in his or her interest. Any income not
utilised for these purposes may be capitalised.

4.8 To terminate the trust when the beneficiary attains the age of 21 years or on his or her death or when the trust
assets are insufficient, at the sole discretion of the trustee, to fulfil the purpose and spirit of the trust,
whichever event occurs first and to make over and/or pay the capital and any accrued income to our
beneficiaries or, should any of our beneficiaries not be alive at that stage, then to his or her issue by
representation and failing issue then to the remaining beneficiaries or in the event of predecease then to the
issue of such a beneficiary by representation.

5. PROTECTION OF BENEFITS

It is a specific condition of this will that any benefit, which may accrue to any beneficiary in terms of this will
as well as any income derived therefrom, shall be excluded from the legal consequences of any existing or
future marriage or relationship.

6. GUARDIANSHIP

Failing a natural guardian we nominate the sister of the Testatrix WENDY CAMERON as the guardian of our
minor child(ren), free from any obligation to furnish security.

7. COLLATION

We direct that any assets received by our beneficiaries from us during our lifetime shall not be taken into
account in the distribution of our estates.

8. EXECUTOR

We nominate ABSA TRUST LIMITED as our executor, who shall be entitled to executor’s remuneration

.............................................. ..............................................
Witness Testator

.............................................. ..............................................
Witness Testatrix

Page 3/4

currently statutorily fixed at 3,5% (VAT excluded) of the gross estate value. ABSA TRUST LIMITED shall
not be required to furnish security.

ABSA TRUST LIMITED is entitled to utilise any services of ABSA GROUP LIMITED and its subsidiaries,
required in the execution of its duties as executor and shall be entitled to pay or receive remuneration for such
services.

9. TRUSTEE

We nominate ABSA TRUST LIMITED as trustee of any trust established in this will, free from the obligation
to furnish security.

For its services as trustee ABSA TRUST LIMITED shall be entitled to remuneration in accordance with the
company's tariff as determined from time to time.

10. SUBDIVISION

Should the division of an asset not be possible to facilitate the transfer of such asset to a number of
beneficiaries, then such beneficiaries shall have the right to establish a close corporation, company or similar
undertaking or a trust, or request transfer to such an existing undertaking or a trust in which they hold interest
in the same proportions as they would have held the asset itself, should transfer to them have been possible.

All costs incurred in establishing the undertaking or trust, shall be borne by the estate and/or trust.

11. DISCLAIMER

By signing this will it is accepted that ABSA TRUST LIMITED, as drafter of this will, cannot be held liable
for:

11.1 Any consequences resulting from the inclusion of any inaccurate information in this will supplied for the
drafting thereof.

11.2 The validity of this will should the original, or a copy thereof, have been altered in any way whatsoever either
before or after the signing thereof.

SIGNED at ............................................ this .......... day of ....................... 20 ........ in the presence of the undersigned
witnesses, all being present at the same time.

WITNESSES:-

1............................................ ..............................................
Testator.

2............................................. ..............................................
Testatrix.

41021919019 8858 abcn197
24/11/2009



Will 41021919019

We, the undersigned,

GARRETH ERROL VERNON VAN LEEVE,
ID/Passport No. 7509225169088

and

CARMEN CANDICE VAN LEEVE,
ID/Passport No. 7605070175087

hereby revoke all wills and codicils previously made by us and declare this to be our will.

1. DEATH OF THE FIRST DYING

We nominate the survivor of us to be the sole beneficiary of the estate of the first dying of us.

2. DEATH OF THE SURVIVOR

In the event of the survivor of us dying without leaving a further valid will such survivor bequeaths his or her
estate to our children ALYSSA VAN LEEVE and LAYLA VAN LEEVE or, should a beneficiary not survive
the survivor of us, then to his or her issue by representation

Failing the above, the survivor of us bequeths his or her estate to OUR PARENTS.

3. SIMULTANEOUS DEATH

Should we die in circumstances where it cannot be established who was the first dying of us, we direct that
the same provisions as at DEATH OF THE SURVIVOR shall apply to our respective estates, provided that
cash legacies, if any, bequeathed on the death of the survivor of us, shall be paid from the same estate out of
which it was bequeathed or, pro-rata out of both estates should it not have been bequeathed in a specific estate

.............................................. ..............................................
Witness Testator

.............................................. ..............................................
Witness Testatrix

Page 1/4

at the DEATH OF THE SURVIVOR.

4. TRUST PROVISIONS

Should any of our beneficiaries not yet have attained the age of 21 years, we direct that the inheritance of such
a beneficiary shall be administered in trust by our trustee.

Should there however be insufficient cash in the inheritance or should it not be possible to generate sufficient
cash from the specific inheritance in order to clear the administration costs of the trust for the duration of the
trust, the inheritance of the beneficiary shall not be administered in trust by our trustee. The inheritance of the
beneficiary shall in such case be dealt with in accordance with the provisions stipulated by the Master of the
High Court.

The following powers and duties are granted to and imposed upon the trustee:

4.1 To accept, control and administer any assets.

4.2 To, should there during the existence of the trust be insufficient cash to clear the administration costs of the
trust for the duration of the trust, collect such shortfall from the trust beneficiary. Should it not be possible for
the trustee to collect such shortfall or to sell assets to the effect, we direct that the trustee may terminate the
trust. The inheritance of the beneficiary shall in such case be dealt with in accordance with the provisions
stipulated by the Master of the High Court.

4.3 To let or alienate the assets and to lease or purchase any movable or immovable property, at the discretion of
the trustee, in the best interest of the trust.

4.4 To invest any cash in such manner as the trustee may deem in the best interest of the trust, without being
restricted to recognised trustee securities. The trustee is also empowered to call up any investments and
reinvest the proceeds in accordance with the foregoing provisions.

4.5 To, for the benefit of the trust beneficiary and in order to carry out the conditions of this trust, borrow money
and furnish security for the proper repayment thereof, including the power to pledge or mortgage any assets of
the trust.

.............................................. ..............................................
Witness Testator

.............................................. ..............................................
Witness Testatrix

Page 2/4

4.6 To hand over any items of a household or personal nature to a beneficiary, or should a beneficiary be a minor,
then to his or her guardian for safekeeping against the acquittance of such a beneficiary or guardian, as the
case may be, which shall be a sufficient discharge to the trustee. It shall not be necessary for such beneficiary
or guardian to furnish security in this regard.

4.7 To apply so much of the net income and, if required, the capital as the trustee may deem necessary for the
maintenance and education of the beneficiary or for any other purpose in his or her interest. Any income not
utilised for these purposes may be capitalised.

4.8 To terminate the trust when the beneficiary attains the age of 21 years or on his or her death or when the trust
assets are insufficient, at the sole discretion of the trustee, to fulfil the purpose and spirit of the trust,
whichever event occurs first and to make over and/or pay the capital and any accrued income to our
beneficiaries or, should any of our beneficiaries not be alive at that stage, then to his or her issue by
representation and failing issue then to the remaining beneficiaries or in the event of predecease then to the
issue of such a beneficiary by representation.

5. PROTECTION OF BENEFITS

It is a specific condition of this will that any benefit, which may accrue to any beneficiary in terms of this will
as well as any income derived therefrom, shall be excluded from the legal consequences of any existing or
future marriage or relationship.

6. GUARDIANSHIP

Failing a natural guardian we nominate the sister of the Testatrix WENDY CAMERON as the guardian of our
minor child(ren), free from any obligation to furnish security.

7. COLLATION

We direct that any assets received by our beneficiaries from us during our lifetime shall not be taken into
account in the distribution of our estates.

8. EXECUTOR

We nominate ABSA TRUST LIMITED as our executor, who shall be entitled to executor’s remuneration

.............................................. ..............................................
Witness Testator

.............................................. ..............................................
Witness Testatrix

Page 3/4

currently statutorily fixed at 3,5% (VAT excluded) of the gross estate value. ABSA TRUST LIMITED shall
not be required to furnish security.

ABSA TRUST LIMITED is entitled to utilise any services of ABSA GROUP LIMITED and its subsidiaries,
required in the execution of its duties as executor and shall be entitled to pay or receive remuneration for such
services.

9. TRUSTEE

We nominate ABSA TRUST LIMITED as trustee of any trust established in this will, free from the obligation
to furnish security.

For its services as trustee ABSA TRUST LIMITED shall be entitled to remuneration in accordance with the
company's tariff as determined from time to time.

10. SUBDIVISION

Should the division of an asset not be possible to facilitate the transfer of such asset to a number of
beneficiaries, then such beneficiaries shall have the right to establish a close corporation, company or similar
undertaking or a trust, or request transfer to such an existing undertaking or a trust in which they hold interest
in the same proportions as they would have held the asset itself, should transfer to them have been possible.

All costs incurred in establishing the undertaking or trust, shall be borne by the estate and/or trust.

11. DISCLAIMER

By signing this will it is accepted that ABSA TRUST LIMITED, as drafter of this will, cannot be held liable
for:

11.1 Any consequences resulting from the inclusion of any inaccurate information in this will supplied for the
drafting thereof.

11.2 The validity of this will should the original, or a copy thereof, have been altered in any way whatsoever either
before or after the signing thereof.

SIGNED at ............................................ this .......... day of ....................... 20 ........ in the presence of the undersigned
witnesses, all being present at the same time.

WITNESSES:-

1............................................ ..............................................
Testator.

2............................................. ..............................................
Testatrix.

41021919019 8858 abcn197
24/11/2009


Click to View FlipBook Version