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Last Will & Testament of Diana, Princess of Wales

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GMH L


I DIANA PRINCESS OF WALES of Kensington Palace London W8 HEREBY REVOKE all former Wills and testamentary dispositions made by me AND DECLARE this to be my last Will which I make this First day Of June One thousand nine hundred and ninety three

1 I APPOINT my mother THE HONOURABLE MRS FRANCES RUTH SHAND KYDD of Callinesh Isle of Seil Oban Scotland and COMMANDER PATRICK DESMOND CHRISTIAN JERMY JEPHSON of St James’s Palace London SW1 to be the Executors and Trustees of this my Will

2 I WISH to be buried

3 SHOULD any child of mine be under age at the date of the death of the survivor of myself and my husband I APPOINT my mother and my brother EARL SPENCER to be the guardians of that child and I express the wish that should I predecease my husband he will consult with my mother with regard to the upbringing education and welfare of our children

4 (a) I GIVE free of inheritance tax all my chattels to my Executors jointly (or if only one of them shall prove my Will to her or him)

(b) I DESIRE them (or if only one shall prove her or him)

(i) To give effect as soon as possible but not later than two years following my death to any written memorandum or notes of wishes of mine with regard to any of my chattels

(ii) Subject to any such wishes to hold my chattels (or the balance thereof) in accordance with Clause 5 of this my Will

(c) FOR the purposes of this Clause “chattels” shall have the same meaning as is assigned to the expression “personal chattels” in the Administration of Estates Act 1925 (including any car or cars that I may own at the time of my death)

(d) I DECLARE that all expenses for the safe custody of and insurance incurred prior to giving effect to my wishes and for packing transporting and insurance for the purposes of the delivery to the respective recipients of their particular chattels shall be borne by my residuary estate

5 SUBJECT to the payment or discharge of my funeral testamentary and administration expenses and debts and other liabilities I GIVE all my property and assets of every kind and wherever situate to my Executors and Trustees Upon trust either to retain (if they think fit without being liable for loss) all or any part in the same state as they are at the time of my death or to sell whatever and wherever they decide with power when they consider it proper to invest trust monies and to vary investments in accordance with the powers contained in the Schedule to this my Will and to hold the same UPON TRUST for such of them my children PRINCE WILLIAM and PRINCE HENRY as are living three months after my death and attain the age of twenty five years if more than one in equal shares PROVIDED THAT if either child of mine dies before me or within three months after my death and issue of that child are living three months after my death and attain
the age of twenty one years such issue shall take by substitution if more than one in equal shares per stirpes the share that the deceased child of mine would have taken had he been living three months after my death but so that no issue shall take whose parent is then living and so capable of taking

6 MY EXECUTORS AND TRUSTEES shall have the following powers in addition to all other powers over any share of the Trust Fund

(a) POWER under the Trustee Act 1925 Section 31 to apply income for maintenance and to accumulate surplus income during a minority but as if the words “my Trustees think fit” were substituted in sub-section (1)(i) thereof for the words “may in all the circumstances be reasonable” and as if the proviso at the end of sub-section (1) thereof was ommitted

(b) POWER under the Trustee Act 1925 Section 32 to pay or apply capital for advancement or benefit but as if proviso (a) to sub-section (1) thereof stated that “no payment or application shall be made to or for any person which exceeds altogether in amount the whole of the presumptive or vested share or interest of that person in the trust property or other than for the personal benefit of that person or in such manner as to prevent limit or postpone his or her interest in possession in that share or interest”

7 THE statutory and equitable rules of apportionment shall not apply to my Will and all dividends and other payments in the nature of income received by the Trustees shall be treated as income at the date of receipt irrespective of the period for which the dividend or other income is payable

8 IT is my wish (but without placing them under any binding obligation) that my executors employ the firm of Mishcon de Reya of 21 Southampton Row London WC1B 5HS in obtaining a Grant of Probate to and administering my estate

9 ANY person who does not survive me by at least three months shall be deemed to have predeceased me for the purpose of ascertaining the devolution of my estate and the income thereof
10 IF at any time an Executor or Trustee is a professional or business person charges can be made in the ordinary way for all work done by that person or his firm or company
or any partner or employee

THE SCHEDULE

MY Executors and Trustees (hereinafter referred to as “my Trustees”) in addition to all other powers conferred on them by law or as the result of the terms of this my Will shall have the following powers

1 (a) FOR the purposes of any distribution under Clause 5 to appropriate all or any part of my said property and assets in or toward satisfaction of any share in my residuary estate without needing the consent of anyone

(b) FOR the purposes of placing a value on any of my personal chattels (as defined by the Administration of Estates Act 1925) so appropriated to use if they so decide such value as may have been placed on the same by any Valuers they instruct for inheritance tax purposes on my death or such other value as they may in their absolute discretion consider fair and my Trustees in respect of any of my personal chattels which being articles of national scientific historic or artistic interest are treated on such death as the subject of a conditionally exempt transfer for the purposes of the Inheritance Tax Act 1984 Section 30 (or any statutory modification or re-enactment thereof) shall in respect of any such appropriation place such lesser value as they in their absolute discretion consider fair after taking into account such facts and surrounding circumstances as they consider appropriate including the fact that inheritance tax for
which conditional exemption was obtained might be payable by the beneficiary on there being a subsequent chargeable event

(c) TO insure under comprehensive or any other cover against any risks and for any amounts (including allowing as they deem appropriate for any possible future effects of inflation and increasing building costs and expenses) any asset held at any time by my Executors and Trustees And the premiums in respect of any such insurance may be discharged by my Executors and Trustees either out of income or out of capital (or partly out of one and partly out of the other) as my Executors and Trustees shall in their absolute discretion determine and any monies received by my Executors and Trustees as the result of any insurance insofar as not used in rebuilding reinstating replacing or repairing the asset lost or damaged shall be treated as if they were the proceeds of sale of the asset insured PROVIDED ALWAYS that my Executors and Trustees shall not be under any responsibility to insure or be liable for any loss that may result from any
failure so to do

2 (a) POWER to invest trust monies in both income producing and non-income producing assets of every kind and wherever situated and to vary investments in the same full and unrestricted manner in all respects as if they were absolutely entitled thereto beneficially

(b) POWER to retain or purchase as an authorised investment any freehold or leasehold property or any interest or share therein of whatever nature proportion or amount (which shall be held upon trust to retain or sell the same) as a residence for one or more beneficiaries under this my Will and in the event of any such retention or purchase my Trustees shall have power to apply trust monies in the erection alteration improvement or repair of any building on such freehold or leasehold property including one where there is any such interest or share And my Trustees shall have power to decide (according to the circumstances generally) the terms and conditions in every respect upon which any such person or persons may occupy and reside at any such property (or have the benefit of the said interest or share therein)

(c) POWER to delegate the exercise of their power to invest trust monies (including for the purpose of holding or placing them on deposit pending investment) and to vary investments to any company or other persons or person whether or not being or including one or more of my Trustees and to allow any investment or other asset to be held in the names or name of such person or persons as nominees or nominee of my Trustees and to decide the terms and conditions in every respect including the period thereof and the commission fees or other remuneration payable therefor which commission fees or other remuneration shall be paid out of the capital and income of that part of the Trust Fund in respect of which they are incurred or of any property held
on the same trusts AND I DECLARE that my Trustees shall not be liable for any loss arising from any act or omission by any person in whose favour they shall have exercised either or both their powers under this Clause

(d) POWER to retain and purchase chattels of every description under whatever terms they hold the same by virtue of the provisions of this my Will And in respect thereof they shall have the following powers

(i) To retain the chattels in question under their joint control and custody or the control and custody of any of them or to store the same (whether in a depository or warehouse or elsewhere)

(ii) To lend all or any of the chattels to any person or persons or body or bodies (including a museum or gallery) upon such terms and conditions as my Trustees shall determine

(iii) To cause inventories to be made

(iv) Generally to make such arrangements for their safe custody repair and use as having regard to the circumstances my Trustees may from time to time think expedient

(v) To sell the chattels or any of them and

(vi) To treat any money received as the result of any insurance in so far as not used in reinstating replacing or repairing any chattel lost or damaged as if it were the proceeds of sale of the chattel insured

(e) POWER in the case of any of the chattels of which a person of full age and capacity is entitled to the use but when such person’s interest is less than an absolute one

(i) To cause an inventory of such chattels to be made in duplicate with a view to one part being signed by the beneficiary for retention by my Trustees and the other part to be kept by the beneficiary and to cause any such inventory to be revised as occasion shall require and the parts thereof altered accordingly

(ii) To require the beneficiary to arrange at his or her expense for the safe custody repair and insurance of such chattels in such manner as my Trustees think expedient and (where it is not practicable so to require the beneficiary) to make such arrangements as are referred to under paragraph (iv) of sub-clause (d) of this Clause PROVIDED THAT my Trustees shall also have power to meet any expenses which they may incur in the exercise of any of their powers in respect of chattels out of the capital and income of my estate or such one or more of any different parts and the income thereof as they shall in their absolute discretion determine AND I FURTHER DECLARE that my Trustees shall not be obliged to make or cause to be made any inventories of any such chattels that may be held and shall not be liable for any loss injury or damage that may happen to any such chattels from any cause whatsoever or any failure on the part of anyone to effect or maintain any insurance IN WITNESS whereof I have hereunto set my hand the day and year first above written

SIGNED by HER ROYAL HIGHNESS )
in our joint presence and )
then by us in her presence )

I DIANA PRINCESS OF WALES of Kensington Palace London W8 DECLARE this to be a First Codicil to my Will which is dated the first day of June One thousand nine hundred and ninety three
1. My Will shall be construed and take effect as if in clause 1 the name and address of Commander Patrick Desmond Christian Jermy Jephson were omitted and replaced by the following:

my sister Elizabeth Sarah Lavinia McCorquodale (known as The Lady Sarah McCorquodale) of Stoke Rochford Grantham Lincolnshire NG33 5EB

2. In all other respects I confirm my said Will.

IN WITNESS whereof I have hereunto set my hand this First day of February One thousand nine hundred and ninety six

SIGNED by HER ROYAL HIGHNESS )
in our joint presence and then )
by us in her presence )



Princess Diana Will


Our Legal Fees & Services

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Family Law, Criminal Law, Immigration, Traffic Law

At GMH Legal we believe that client relationships matter more than time sheets which is why we offer a range of alternative fee arrangements to best suit your needs.

Our focus is on client service and establishing mutually rewarding relationships with our clients. We think that billing by the hour does not encourage the most efficient and effective delivery of legal services.

We strive to be innovative and eliminating the inherent inefficiencies of the billable hour means that we can focus on achieving the best possible result for our clients.

However, we do recognise that not all matters lend themselves to an alternative fee arrangement. That is why we offer a range of alternative fee arrangements, including straight time based billing if that is what works best for you.

We will work in collaboration with you to determine your specific legal requirements and then develop the most effective strategy and fee arrangement for your needs.

What we offer

GMH Legal can offer you the following fee arrangements, or a combination of these, as an alternative to time based billing. These options can be customised to suit your needs. No matter what fee arrangement you prefer, providing you with certainty by scoping and pricing our work upfront is our priority.

Fixed and value pricing

GMH Legal can charge you a fixed price for any matter. We will quote you a price and stick to it. If there is a change in the agreed scope of work, we will send you a variation detailing the new scope and the price for that change.

Value pricing is a fixed price that we agree up front with you that reflects your legal requirements and the service we provide. With value pricing you don’t pay for our time – you pay for the work we do and the value you receive.

This ensures you receive more value for your legal spend. Value pricing can also include fee incentives to achieve your goals and for results that exceed expectations. These incentives align our interests with yours, making your success our success.

Flexible retainers

With a retainer agreement, GMH Legal will charge you a fixed periodic fee for the provision of legal services. A retainer provides the budgetary control and certainty that hourly billing can’t.

We determine the periodic fee by calculating the average value of our services over the time taken to conduct the matter. A retainer means you know exactly what you will pay for the result you desire.

We will regularly review the terms of the retainer with you to ensure it remains fair to both parties.

Event-based pricing

GMH Legal can charge you a fixed price for each stage of a matter. We work with you to properly scope the matter, determine the stages involved and then agree a fixed fee with you for each stage.

Want to know more? Contact us to discuss how we can tailor a fee arrangement to best suit your needs.

George Hanna
Director Solicitor

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

Will says daughter’s share is worth half her brothers

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The ACT Supreme Court has overturned a will created on the basis that “one boy is equal to two girls” and therefore sons should get double the inheritance of daughters.

Fatama Omari challenged the legitimacy of the will of her mother, Canberra woman Mariem Omari, saying she had not known what she was doing when she signed it in January 2002 – two months before she moved to a nursing home.

As one of five daughters, Fatama Omari received just a half share of the estate according to the will, while her three brothers received a full share each.

Master David Harper said the will followed a precedent for Muslims, and Imam Adama Konda confirmed during the hearing that the standard expectation is that a Muslim will leave full shares to sons and half shares to daughters, and that one boy is equal to two girls.
Master Harper ruled that the will was invalid, but only because she was likely suffering dementia at the time she signed it – not because it was otherwise invalid.

He said she had not understood what she was doing when two of her sons took her to a friend to execute the will in January 2002. Notwithstanding that if it had not been for her dementia, she might well have decided to make a will in the same or similar terms.
Master Harper said that several witnesses remembered Mariem Omari saying she wanted her will to be created in accordance with the Muslim faith. Master Harper stated that he came to the view that they arranged for their mother to execute the will which she executed, either well knowing that she did not understand what she was doing or what the effect of her execution of the will would be.

Both of the plaintiffs generally believed that it was their mother’s duty under Islam to make a will generally leaving full shares to her sons and half shares to her daughters, and that they generally believed that if their mother had been asked to make a will at an earlier time in her life, when she knew and understood what she was doing, that she would have made a will generally consistent with those Muslim expectations.
The plaintiffs in having the will prepared and arranging for their mother to execute it thought that they were doing the right thing. It was noted during the proceedings that Master Harper did not think that either of them acted out of greed or any intention to obtain a personal benefit at the expense of anyone else.

Mariem Omari, who signed the will with a thumbprint, could neither read nor write in any language, but had the will explained to her in her second language, Arabic.

The challenge to the will came after another court battle involving the family in 2006, in which the plaintiffs in this case – two brothers, Mohamed and Mustapha – argued that their mother should not have given power of attorney to a sibling, Sabah, who used that power to transfer his mother’s investment property to another sister, Mona.

“The investment unit gave rise to a major falling out within the family,” Master Harper said.

In this case, Mohamed and Mustapha had argued that their mother had not known what she was doing when she signed this document in January 2000.

Should you have a Wills dispute, please contact the Principal Solicitor at GMH Legal, Mr George Hanna on (02) 9587 0458, or send an email to ghanna@gmhlegal.com .

General Principles of Wills

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A will is a written document in which you state how you want your property distributed after you die. A person who makes a will is called a “testator”. It also allows you to nominate an executor, who is the person responsible for making sure your wishes are met.

What Happens If I Die Without A Will?



If you die without having made a will, you are said to have died intestate. If this happens, your next of kin will have to apply to the Supreme Court for Letters of Administration, which will allow them to distribute your estate in a certain way. If you are the next of kin of someone who has died intestate, you should seek legal advice. See the factsheet Distributing the Estate for more information.

 Who Can Make A Will?



You can make a will if you are over 18 years of age and are of sound mind. You must know that you are making a will, understand the nature and effect of the proposed will and that you are distributing your property according to your own intentions.

If you wish to make a will and you are under 18 years and have never been married, you can apply to the Supreme Court. If you are under 18 years and married, you can make a will. Also, if you are under 18 years and are about to be married, you can make a will in contemplation of that marriage. Your will becomes valid when that marriage takes place.

Formal Requirements For Making A Will



The key requirements for a valid will are:

    • the will must be in writing;
    • the will must be signed by the testator at the end of the will;
    • the testator’s signature must be witnessed by two witnesses. (A beneficiary or their spouse cannot witness a will. If they do they will lose their entitlements under that will);
    • the witnesses must sign the will in the presence of the testator and each other.

As the formal requirements for making a valid will must be strictly adhered to, it is recommend that you have your will drawn up professionally by a solicitor or Trustee company.

What Should Be In A Will?



The will should specify that it is your last will and that you revoke any previous wills. It should appoint one or more persons to be your executor/s. Wills often include other requests such as funeral arrangements, preferences for disposal of the testator’s body and the appointment of a guardian to look after the testator’s children. As wills are only meant to deal with property, wishes such as these are not strictly binding on the executor, but can demonstrate the testator’s intention. If a court is asked to determine the residency and guardianship of any children, the testator’s wishes will be taken into account.

Your will should provide for payment of funeral expenses and any debts. It should then state how you want your property distributed, either by naming the item and to whom it is given, or by giving a person a certain amount or percentage of the total value of your property. If your will contains specific gifts, it should also state what is to happen with the residue (remaining assets) of the estate.

Executors



An executor is a person named in your will to look after your estate. An executor must be over 18 years of age. It is easier, although not compulsory, if the executor lives in the same state as the testator. It is also preferable to name two executors in a will. This will be of assistance if one executor dies or no longer wishes to act as executor. When considering people to be your executors, it is preferable to choose someone close to you, trustworthy and of a similar age. These are simple safeguards against possible complications later. If no executor is named in your will, the Supreme Court will appoint an administrator.

Changing Or Updating A Will



Once a will has been signed, there can be no alteration, either by crossing out or writing in new clauses. Alterations such as these will have no effect. The best way to amend or alter a will is by doing so in a separate document called a “codicil”. For a codicil to be valid it must also meet the formal requirements of making a will. In many ways it may be easier to make an entirely new will.

How Marriage Or Divorce Affects Your Will



Your will is automatically revoked, or made invalid, when you get married and on the day you are formally divorced by a court. However, wills made in contemplation of marriage or divorce are valid. If you do not wish to make a will in this way, a new will must be made after you marry or divorce, otherwise you will die intestate.

Contesting A Will



A person may challenge your will on a variety of grounds including that you were not of sound mind, or were unduly influenced or pressured by another person when making your will. Wills can also be challenged if they do not meet the formal requirements for making a valid will.

Another reason for challenging your will is on the ground that you failed to make adequate provision for the proper maintenance and support of a dependant. If one of your dependants expected to be a beneficiary under your will and has been left out, they may be able to make a claim under the Family Provision Act.

Contact us for a Free Consultation



Our lawyers always go over and above to give you the best advice as quickly as possible.

Whether its quick information over the phone for a question that’s been on your mind for while, or general information about an area of law, we’re happy to help. Call us today and experience the difference:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com


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Post by GMH LEGAL – Solicitors & Barristers.

Elements of a Testamentary Trust

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Testamentary trusts are created in a will by a testator who bequeaths his or her property for the benefit of others called the beneficiaries.  Testamentary trusts can either be express or non-express, but if a will is properly created, a testator’s intentions can be inferred from the terms of the will. By creating a testamentary trust, it enables a testator to control how their property will be divided upon their passing, and ensuring that their wishes will be fulfilled.

The requirements for creating a valid express trust have been part of the common law for almost 200 years and there must be “three certainties” present:

  • 1. the intention to create a trust
  • 2. certainty of the subject matter of the trust
  • 3. certainty of the objects of the trust.

The intention to create a testamentary trust

It’s important to be aware that there must be a certainty of the intention for the creation of a trust, because even the transfer of property to another person can be viewed as a gift if a will was not properly formed. The courts when considering if there was an intention of a testator to create a trust, will usually look at the ordinary meaning of the words used in the will when forming their conclusion.

Certainty of the subject matter

In order for a testator to bequeath property in a trust, both the property and the entitlements of the beneficiaries must be identifiable, or the trust may be void due to uncertainty. If there is uncertainty in the testator’s intentions, then the law might form the view that there was no intention to create a trust.

Certainty of object

Usually when a person is viewed as an ‘object’, it generally carries negative connotations. However, in this context, ‘certainty of object’ means that there are identifiable beneficiaries.  For a trustee to properly exercise their duties, the beneficiaries must be able to be clearly identified, or a trustee won’t be able to carry out the wishes of a testator. If there is uncertainty of who the beneficiaries of the trust are, then the courts will usually resort to the default legal position of disposing of the testator’s property to a spouse, child, and so on. So it’s fundamental that a testator when creating a testamentary trust, clearly identify their beneficiaries.


Contact us for a Free Consultation


Our lawyers always go over and above to give you the best advice as quickly as possible.

Whether its quick information over the phone for a question that’s been on your mind for while, or general information about an area of law, we’re happy to help. Call us today and experience the difference:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com


See our Facebook page


Post by GMH LEGAL – Solicitors & Barristers.