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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 )
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