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  • Deeds & Drafts / Disclaimer-of-trustees-of-settlement

Deeds & Drafts

Disclaimer of trusts of settlement

 

Date :

 

I the within-named [disclaiming trustees] hereby disclaim all the movable and immovable properties assigned or intended to be assigned to or vested in me by the within-written settlement jointly with the within-named [continuing trustees] or otherwise and all the trusts and powers reposed or vested or intended to be reposed or vested

in me whether jointly with the said [continuing trustees] or otherwise provided that this disclaimer shall not operate to disclaim or release any beneficial interest whether vested or contingent to which I now am or hereafter may become entitled under the trusts of the within-written settlement.

 

IN WITNESS etc.

[Signature of disclaiming trustee]

 

Deed of appointment of new trustee in place of a deceased trustee under the power of a Will THIS DEED OF APPOINTMENT is made the....... day of.................. BETWEEN [names and addresses, etc., of surviving trustees] of the One Part and [new trustee] of [address, etc.] of the Other Part.

 

WHEREAS:

1.       This deed is supplemental to an assent dated the............ day of................. whereby [personal representatives of tenant for life] as personal representatives of [tenant for life] late of [address] assented to the vesting in [deceased trustee] and the said [surviving trustees] of the property described in the schedule hereto upon trust that they should sell the same with power to postpone the sale and should hold the net proceeds of sale upon the trusts declared concerning the same by the will therein referred to and it was declared that the power to appoint new trustees thereof was vested in the survivors or survivor of the said [deceased trustee and surviving trustees] or others the trustees or trustee for the time being of the said will.

2.       The said [deceased trustee] died on the................ day of.....................

3.       No part of the said property has been sold by the trustees.

4.       The said [surviving trustees] desire to appoint the said [new trustee] to be a trustee of the said assent in place of the said [deceased trustee] and by a deed of the same date as this deed they have appointed the said [new trustee] to be a trustee of the said will referred to in the said assent.

 

NOW THIS DEED WITNESSETH as follows:

In exercise of the power so vested in them as aforesaid and of every other power enabling them the said [surviving trustees] hereby appoint the said [new trustee] to be a trustee of the said assent to act jointly with the said [surviving

trustees] in place of the said [deceased  trustee].

 

SCHEDULE

[Property subject to assent]

 

IN WITNESS etc.

[Signatures of all parties]

 


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