Heathcliff Andrew Ledger (April 4, 1979 – January 22, 2008)
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LAST WILL AND TESTAMENT
HEATH ANDREW LEDGER
I, HEATH ANDREW LEDGER DECLARE this to be my will.
1. I REVOKE all earlier wills and codicils.
2. Inthis Will unless otherwise required by the context or subject matter: "Duties" means all death, estate, succession or other duties or truces payable in respect of my death or the passing of property under .this Will, but .does not include any tax imposed by the Income Tax Act 1986, as amended, substituted, or re-enacted from time to time or any other Act imposing a true upon incomes; "Residuary Estate has the meaning ascribed to it by Clause 5; "Trustee" means the executor or executors of this Will and the trustee or trustees for the ' · time being of any trusts arising under it.
3. I APPOINT ROBERT JOHN COLLINS Company Director of 215 Roberts Road, Subiaco in the State of Western Australia and WILLIAM MARK DYSON Chartered i . Accountant of 359 Marine Terrace, Geraldton in the said State to be the Joint Executors and Trustees of this my Will.
4. I DIRECT that any joint loan by myself and any other person to the Ledger Investment Trust be allocated at the sole discretion of my Trustees. i. '
5. ; My Trustee shall hold all my property not otherwise disposed of by this Will ON i TRUST:
(a) to pay my debts and testamentary.and .excutorship expeiµ;es;
(b) to pay all Duties; and
(c) as to fifty percent (50%) of my estate to divide it between my sisters KATHERINE ANNE LEDGER, ASHLEIGH KIRSTEN BELL and OLIVIA JANE LEDGER in equal shares PROVIDED THAT if any of them are under the age of eighteen (18) years I direct my Trustee to hold their respective entitlement under this Will in trust until they reach the age of eighteen (18).
I further instruct my Trustee at his sole discretion to apply from the Corpus or Income of my sd sisters' respective entitlements to their education and well being during their minority, including but not limited to education fees, books and a motor vehicle if my Trustee considers it necessary for the purpose of attending a place of education or employment. If one of my said sisters should predecease me then the remaining sisters shall be entitled to the share that the deceased sister would ·otherwise have taken hereunder.
(d) to hold the. remainder of my estate ("Residuary Estate") and to divide it between my parents KIM FRANCIS LEDGER and SALLY ANNE BELL in equal shares, and if one parent should predecease the other or die before me then the remaining parent shall be entitled to the equal share that the other parent would otherwise have taken hereunder.
6. Except to the extent inconsistent with the terms and provisions in this Will, the powers conferred on my Trustee by the Trustee's Act 1962-1978 as amended from time to time are in augmentation of the powers conferred by this Will.
7. My Trustee will have the following powers in connection with my estate:
(a) to retain the identity of any asset, to sell any asset at any, time, and to distribute the assets in specie;
(b) until the absolute vesting of any share or interest in a beneficiary under this Will to apply from time to time the whole or any part of the income from that share or interest with recourse if necessary to the capital of that share or interest for or towards the. proper maintenance, education, advancement, benefit or support of that beneficiary and to make payments for that purpose to the beneficiary or to the parent, guardian or carer of that beneficiary without being responsible to see to the application of those payments; and TESTATOR
(c) without limitation and as if my Trustee were beneficially entitled to my Residuary Estate to invest, change or retain investments including unsecured interest free loans or any non-income producing asset.