Will Ottawa

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THIS IS THE LAST WILL AND TESTAMENT of me, , of the City of Ottawa, in

the Province of Ontario.

1. I HEREBY REVOKE all Wills and Codicils previously made by me.

2. I APPOINT my spouse, ______ , to be the Executor and Trustee of this my Will.

In the event that should predecease me, or be unable or unwilling to act, or to continue to act, as

Executor and Trustee, I appoint my ____, to be the Executor and Trustee in his place. In the

event that _______ should predecease me, or be unable or unwilling to act, or to continue to act,

as Executor and Trustee, I appoint my _______, ______________ to be the Executor and Trustee

in her place. I refer to my Executor and Trustee, whether original or substituted as "my Trustee"

and when the singular and masculine or feminine are used, the same shall be construed as

meaning the plural and/or feminine or masculine or neuter when the context, or the parties

referred to, so require.

3. I GIVE all my property, including any property over which I may have a general

power of appointment, to my Trustee upon the following trusts:

(a) To use his discretion in the realization of my Estate, with power to my Trustee to

sell any part of my Estate at such time or times, in such manner and upon such

terms, and either for cash or credit or for part cash and part credit, as my Trustee

may in his discretion decide upon, or to postpone the sale of any part of my Estate

as long as he pleases.
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(b) To pay all my just debts, funeral and testamentary expenses including income

taxes and any death taxes or succession duties payable as a result of my death.

(c) To distribute the articles of personal, domestic and household use or ornament

mentioned in a memorandum (which I have prepared and shall leave among my

personal papers), in accordance with the instructions contained therein. Without

imposing any trust or legal obligation upon him, it is my desire that my Trustee

carry out my wishes with regard to the disposition of such articles as expressed in

the said memorandum.

(d) I give my Trustee authority to obtain, access, modify, delete, control, use, transfer

and otherwise give directions for any and all digital assets or information

contained in electronic form that belongs to me, over which I had access

privileges during my lifetime, or which contains information about me, or

information that relates to me whether directly or indirectly, and stored on any

digital devices or servers, whether or not such devices or services belong to me

(collectively hereinafter referred to as my “Digital Assets”). My Digital Assets

shall include, but are not limited to, software licences, domain registrations, files

including, but not limited to, emails, digital media, digital content, electronic

accounts, including, but not limited to, e-mail accounts, social media accounts,

file sharing accounts, financial accounts, banking accounts, DNS service

accounts, web hosting accounts, tax preparation service accounts, online store

accounts, affiliate accounts, loyalty program accounts, and any other digital
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property or information. My Trustee is also authorized to obtain, access, modify,

delete and control any password and other electronic credentials associated with

digital devices and my Digital Assets or engage such person(s), as my Trustee

may determine, is/are required to assist him in accessing, handling, distributing

and disposing of my Digital Assets.

(e) To pay or transfer the residue of my Estate to my spouse, ______, if he survives

me..

(f) If ______ should predecease me, I direct my Trustee:

i. To hold the residue of my Estate in trust for my issue alive at the death of

the survivor of me and my said spouse in equal shares per stirpes;

provided that the share of each child of mine who shall be living at the

death of the survivor of me and my spouse shall be held and kept invested

by my Trustee and the income and capital, or so much thereof as my

Trustee in his uncontrolled discretion considers advisable shall be paid to

or applied for the welfare, education, advancement in life and /or general

benefit of such child until he or she attains the age of 21 years when the

capital of such share, or the amount thereof remaining, shall be paid or

transferred to him or her. Any income not so paid or applied in any year

shall be added to the capital and dealt with as part thereof; and provided

further, that if such child should die before attaining the age of 21 years,

such share, or the amount thereof remaining, shall be held by my Trustee


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in trust for the children of such child who survive him or her, in equal

shares per capita in accordance with Paragraph 4 of my Will. If such child

should leave no surviving children, such share, or the amount thereof

remaining, shall be held by my Trustee in trust for my issue alive at the

death of such child in equal shares per stirpes.

ii. In the event that no child or other issue of mine shall acquire an absolutely

vested interest by virtue of the trusts herein declared, I direct my Trustee

to pay or transfer the residue of my estate or the amount thereof remaining

to

4. IF ANY PERSON should become entitled to any share in my Estate before

attaining the age of 21 years, the share of such person shall be held and kept invested by my

Trustee and the income and capital or so much thereof as my Trustee in his discretion considers

necessary or advisable shall be paid to or applied for the welfare, education, advancement in life

and/or general benefit of such person until he or she attains the age of 21 years, when the capital

of such share or amount thereof remaining shall be paid or transferred to him or her. Any

income not paid or applied in any year shall be added to the capital and dealt with as part thereof.

In the event that such person should die before attaining the age of 21 years, such share or the

amount thereof remaining shall be divided among my issue then living in equal shares per stirpes

or failing which, in accordance with Paragraph 3 (f) ii. of my Will.


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5. I AUTHORIZE my Trustee to make any payments for any person under the age

of majority, or who is mentally incapable of managing property, to a parent, guardian, guardian

of property, or attorney for property of such person, whose receipt shall be a sufficient discharge

to my said Trustee.

6. MY TRUSTEE may make any division of my Estate or set aside or pay or

transfer any shares or interest therein, either wholly or in part, in the assets forming my Estate at

the time of my death or at the time of such division, setting aside, payment or transfer, and I

expressly declare that my Trustee shall in his discretion fix the value of my Estate or any part

thereof for the purpose of making any such division, setting aside, payment or transfer, and the

decision of my Trustee shall be final and binding on all persons concerned.

7. I HEREBY DECLARE that my Trustee when making investments for my Estate

shall not be limited to investments authorized by law for trustees but may make any investments

which in his discretion he considers reasonable and prudent, including investments in mutual

funds. My Trustee shall not be liable for any loss that may happen to my Estate in connection

with any such investment made by him in good faith in compliance with the above.

8. MY TRUSTEE may hold any of my assets in the form in which they may be at

the time of my death, for any length of time, whether or not they may be assets in which a

Trustee would otherwise be entitled to invest trust monies. Those assets retained shall be

deemed to be authorized investments.


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9. MY TRUSTEE may borrow on behalf of my Estate such monies as my Trustee

considers appropriate and may mortgage or otherwise charge any of the assets of my Estate.

10. MY TRUSTEE may lend money or other assets of my Estate to any beneficiary or

guarantee any loans for any beneficiary or for any company owned or controlled by my Estate or

by a beneficiary or in which my Estate or beneficiary may have an interest, upon such terms,

with or without security, as my Trustee in the exercise of his absolute discretion considers

appropriate.

11. MY TRUSTEE may enter into any agreement, lease, or other transaction with

respect to any investments or property including real property held by my Estate upon such terms

and conditions as my Trustee considers appropriate.

12. ANY BENEFIT, whether as to income or capital or both, or income from capital

to which any person shall become entitled in accordance with the provisions of this my Will or

any Codicil thereto, shall not fall into any community of property which may exist between any

such person and his or her spouse and shall not form part of his or her net family property for any

purpose including purposes of the Family Law Act, R.S.O. 1990, c. F.4, of the Province of

Ontario and any amendments thereto or any successor legislation thereto, but shall only be paid

by my Trustee to such person on the condition that the same shall remain the separate property of

such person, free from the control of his or her spouse. This is an express statement within the

meaning of Section 4(2) of the Family Law Act.


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13. In the event of the death of my husband, _____, I appoint my ___, ____, to be the

guardian and custodian of my ____, __________, and any future children that I may have during

their respective minorities.

14. I AUTHORIZE and consent to the use of any of my organs for the purposes of

transplant, pursuant to the Trillium Gift of Life Network Act, (Ontario).

15. IT IS MY WISH that I be cremated and thereafter that my ashes be disposed of at

the discretion of my Trustee.

16. MY TRUSTEE shall have the power and authority to continue and carry on any

business which I may own, or in which I may be interested at the time of my death, (hereinafter

"my business") either alone or with another person or persons, for such length of time as in his

discretion he considers to be in the best interests of my Estate, with power to do all things

necessary or advisable for the carrying on, incorporation, winding up or disposal of any such

business or interest therein. IN THE EXERCISE of such power and authority, my Trustee shall

take into consideration the terms and conditions of any Agreement relating to the disposition of

my business, to which I am a party at the time of my death.

17. IF AT ANY time my Trustee holds in my Estate any investment in or in

connection with any company or corporation, my Trustee shall have the power and authority:
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(a) to join in or take any action in connection with such investment or to exercise any

rights, powers or privileges which at any time may exist or arise in connection

with any such investment to the same extent and as fully as I could if I were alive

as a sole owner of such investment;

(b) to retain as an investment of my Estate, for such length of time as in his discretion

my Trustee considers appropriate.

In the exercise of such power and authority, my Trustee shall take into consideration the terms

and conditions of any Shareholders Agreement to which I may be a party, at the time of my

death.

18. MY TRUSTEE shall have the power to incorporate or join with any other person

or persons in the incorporation of any corporation, and to sell or exchange any part of my Estate

to any such corporation for such consideration as my Trustee considers appropriate.

19. MY TRUSTEE shall have the power and authority to engage, employ or retain

whatever expert, professional or other advice or assistance he considers advisable in the

administration of my Estate to enable him to more effectively discharge his duties.

20. MY TRUSTEE shall have the power to settle any claim or claims in connection

with my Estate on such terms and conditions as my Trustee considers appropriate.


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21. MY TRUSTEE shall have the power and authority to make any election provided

by the Income Tax Act (Canada) or to take advantage of any provision of the Income Tax Act

(Canada) when in his discretion he believes my Estate as a whole would benefit thereby (whether

or not the individual interests of any of my beneficiaries might so benefit) and my Trustee shall

not be personally responsible for any adverse consequences of any such election made or other

act done in good faith by my Trustee pursuant to this power.

22. MY TRUSTEE shall be fully protected in exercising any discretion granted to

him in this my Will and shall not be liable to the beneficiaries or their heirs or personal

representatives by reason of the exercise of such discretion. My Trustee shall exercise the

powers, authority and discretion given to him in what he deems to be the best interest, whether

monetary or otherwise, of the beneficiaries, whether or not such exercise may have the effect of

conferring an advantage on any one or more of the beneficiaries or would otherwise, but for the

foregoing, be considered as being other than an impartial exercise of his duties hereunder or as

not being maintenance of an even hand among the beneficiaries. All such exercise of his powers,

authority and discretion shall be binding upon all of the beneficiaries and shall not be subject to

any question or review, by any person, official, authority, court or tribunal whatsoever or

whomsoever.

23. I DIRECT that my Executor and Trustee shall be entitled to receive and shall be

paid out of my Estate, as compensation for acting as Executor and Trustee, a fair and reasonable

annual allowance for the care, pain, trouble, and time expended with respect to the

administration of my Estate and the Trusts of my Will.


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24. Every person who would benefit under this Will but who fails to survive me by 30

days shall be treated for the purposes of the devolution of my Estate as having predeceased me.

IN TESTIMONY WHEREOF I have to this my Last Will and Testament written

upon this and the preceding ___ pages of paper subscribed my name this day of , 2021.

SIGNED, PUBLISHED AND DECLARED )


by the said Testator, )
, )
as and for her Last Will and Testament )
in the presence of us, both present )
at the same time, who, at her request, )
in her presence and in the presence of )
each other have hereunto subscribed ) _______________________________
our names as witnesses. )

_________________________________
Witness

__________________________________
Witness

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