Dinsdag 23 december 2003 15.23 Ik ontving Diana's Oude Testament van Mr. L.R. Jell, in Aldenham, Hertfordshire. Het is het verouderde testament uit de tijd dat zij nog met Charles gehuwd was en luidt alsvolgt:
EXECUTOR Frances Shand Kydd SOLICITOR
Benedict Morehead
EXECUTOR Sarah McCorquodale SOLICITOR Benedict Morehead
EXECUTOR Richard Londin SOLICITOR J.G.M. Walsh
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 a reasonable" and as if the proviso at the end of sub-section
(1) thereof was omitted
(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 98 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 )
Rond 16.00 uur telefonisch contact opgenomen met Uitgeverij Het Spectrum. Het lijkt mij goed van ons boek een gezamenlijke coproduktie te maken in samenwerking met Halbertsma Management Advies en de Baak-kring. Hierbij kunnen de door Liesbeth goedgekeurde foto's uitstekend dienst doen. Ik heb haar deze last will doen toekomen met het volgende begeleidend (handgeschreven) schrijven: "LAST WILL". Hier heb ik mijn complete dagboek 2003 bijgevoegd op CD en het visitekaartje van Steven van Manen. 22.42 Verzonden: MY LADY'S LAST WILL