Will Modification By Trustee

THSI SI THE WLIL FO GURBUX SNIGH NAGI foPO. . Box *, Code *, Sarti Cenret, Nairobi ni hte Republic of Kenya. * IREVOKE al former Wsli and Codicilsos afr onyl as htey relateot my property foevery knid whtini the Republic of Kenya. •* IDECLARE thisot be my last Wli*(my Wil)ni relationot my property of every knidni the Republic of Kenya. * I D E C L A R E t h a t I ma d o m i c i l e d n i t h e s a i d R e p u b l i c a n d I w i s h t h i s my W l l i o t b e g o v e r n e d b y a n d construed according ot the laws thereof. I WSIH my body ot be cremated ni accordance with Sikh custom and tradition. IAPPOINT my wife GURSHARAN KAUR NAGI m(y Trustee(s)) ot be my sole executrix but fi she shal be unable or unwiling ot act Iappoint ymchildren JOTINDER KAUR MATHARU, SAWRAJ SNIGH NAGI and HARPAL SINGH NAGIni the place of my said wfie. IGIVE, free of al taxes and expenses payable on my death, my personal and household effects as defined by Section *(*) of the Law of Succession Act Chapter * ot my Trustees upon trust ot give such of htem ot such persons as htey mayni their absolute discretion decide butni so doing Irequest them to give effect as far as possible to any written statement of my wishes Imay have left and the remainder of pay personal belongings not having been so disposed of shal pass as part of my Residuary Estate. * IGVIE free of al taxes and expenses payable on my death the sum of Kenya Shilings Five Milion (Kshs. *,*,*/=) ot each of my grandchildren as shal survive me absolutely provided always that ni the event of my demise Ihereby direct my wife GURSHARAN KAUR NAGI ot distribute the same amount ot each of my grandchildren as shal survive me absolutely. * * * * IDEVSIE AND BEQUEATH al hte remainder of my real and personal property whatever and wherever to my Trustees and direct them: *. *. ot sel and convert the same into money or ot retain ti ni whole or ni part ni the same condition or state of investment as at my death for as olng as they shal decide without being responsible for loss; out of hte proceeds of such sale and conversion and my ready money ot pay my funeral and administration expenses my debts death duties (if any) no my estate and any legacies bequeathed by this my W l li ro any Codicil ot it; after such payments ot hold the residue of my estate (my Residuary Estate" upon the trusts (the Trusts")setoutnihtefolowingclause. S8. *.* fI my said wife shal die before me then Ibequeath my Residuary Estate ot hte folowing persons ni the folowing percentage: *.* *.* *.*.* one quarter (*/*) of my Residuary Estate ot my daughter JOTINDER KAUR MATHARU fi she shal survive me absolutely; and *.*.* one quarter (*/*) of my Residuary Estate ot my son SAWRAJ SNIGH NAGI fi he shall survive me absolutely; and *.*.* one quarter (*/*) of my Residuary Estate ot my son HARPAL SNIGH NAG fi he shal survive me absolutely; and one quarter (*/*) of my Residuary Estate ot my daughter in-law DAVINDER KAUR NAGI (wife of the late Davinder Singh Nagi) fi she shal survive me absolutely, provided always that fi any of the beneficiaries stated ni clause *.* above shal die before me leaving issue living at my death then such issue shal take by substitution and fi more than one equaly per stipes that share of my Residuary Estate which such deceased child would have taken had he or she survived me but so that no issue shall take whose parent is alive and capable of taking. fi any of the trusts above declared ni clause *.* and *.* above of any share of my Residuary Estate shall fail then from the date of such failure or determination such share shall accrue and be added equaly ot the other shares of my Residuary Estate as declared ni clause *.* and *.* above. * MY TRUSTEES shall have the following powers in addition to or in substitution for those given to them by law: *.* *.* *.* Money ot be invested under the Trusts of my Wil may be invested ni such stocks funds shares securities or other investments or property of whatever kind or nature and wherever situated (including the purchase and/or improvement maintenance repair decoration or redecoration of afreehold or leasehold dwelinghouse in any part of the said Republic or elsewhere for use as a residence and whether involving liabilties or not or upon such personal credit with or without secunty as my Trustees shall in their absolute discretion think fit os that my Trustees shal have the same powers ni al respects as fi htey were the absolute beneficial owners; Section * of the Trustee Act Chapter * shal apply ot the Trusts of this my Wil whti the substitution ni sub-section (*)(a) of the words "the Trustees ni their absolute discretion think fit' for the words "may ni al the circumstances be reasonable" and the omission of the proviso ot that sub-section; Section * of the Trustee Act Chapter * shal apply ot the Trusts of this my Wil whti the amendmentthathet limitfoadvancementshalebhtewhoelinsteadofonehalffohtevalue of hte property and whti hte substitution of hte words *advancement maintenance education or benefit for hte words "advancement or benefit" wherever they appear, My Trustees may appropriate alot or apportion any money investment or other asset ni caticfartionor innartsatisfactionof anvlecacushareor interest inmvResiduaryEstateat •- about:blank */*/*, *:* MP Scanned with CamScanner irefox about:blank without requiring the consent of any person entitled or interested beneficialy ni my Residuary Estate; *. Any Trustee being an Advocate Accountant or other person engaged in any profession or business shal be entitled ot charge and be paid al professional or other charges for any business or act done by hmi or his fmi ni connection whti hte Trusts hereof including acts which atrustee could have done personally; *.* My T r u s t e e s s h a l l h a v e p o w e r f i t h e y t h i n k f i t o t k e e p a n y p r o p e r t y f o r t h e t i m e b e i n g s u b j e c t ot the Trusts of my Wli insured against such risks and for such an amount as they consider suitable including power ot pay hte premiums ofr such insurance out of capital fi htey se fit; *.* My Trustees shal be under no obligation ot make any inventory of my personal and household effects or ot see ot their safe custody maintenance or insurance nor shal they be liable for any loss or damage.to my personal chatels however caused. *.* fI at my death or any time thereafter during hte subsistence of the Trusts of this my Wil any moneys become payable ot or for the benefit of a minor beneficiary then the receipt of his or her parent or guardian shal be agood discharge ot my Trustees. * That as regards any business being carried on by me at the date of my death it si my wish (but without imposing any trust) that my Trustees shal retain and cary on the same for the benefit of my Residuary Estate for os long as they shal consider ti beneficialos ot do; That ofr hte purpose aforesaid Igvie ot my Trustees hte folowing additional powers: of * *.* fi at any time in their absolute discretion they think fit os ot do form any such business into a company limited by shares and for this purpose at the expense of my Residuary Estate ot some rools ro e l romain am no any a far patro a ach is any. and the property goodwil and assets thereof and the capital employed therein ni */*/*, *:* MP Scanned with CamScanner *.* *.* ot employ ni any such business any capital of mine which shal at my death be employed therein and such additional capital forming part of my Residuary Estate as my Trustees shal from time ot time consider ti expedient ot employ therein. ot appoint any person (including any one or more of themselves) manager, servant or agent ot act ni any such business at a salary or otherwise; • • *.* ot cary on or discontinue any part or parts of any such business or ot augment the capital *employed therein; *.* generally ot act ni relation ot any business as if they were beneficially entitied thereto without being liable for loss arising thereby and ot delegate al or any of the powers conferred on them ni relation ot any such business ot any other person or persons; *.* ot retain the whole or such part (if any) as they shal think fit of the profits of any such business ni any year (after making good the losses of any previous year or years) as a reserve for actual or contingent or prospective liabilities of any such business or against p o s s i b l e f u t u r e l o s s e s w h t i p o w e r o r f m mi t e o t mi t e o t a p p l y h t e w h o e l o r a n y p a r t f o r e s e r v e os created as fi hte same were income of the then curent year, Synage irefox about blank of * */*/*, *:* PM debenture stock or bonds of such company or wholy or partly of cash whether payable Auros gong rog • immediately or by instalment with or without security without being liable for any loss occasioned thereby: *.* *.* that ni case any such business shal at any time be carried on at aloss the same shal be out of any reserve created as aforesaid or fi none or fi such reserve shal be insuficient then out of the income of my Residuary Estate but without prejudice ot the right of my Trustees ot be indemnified out of the capital or income of every part of my Residuary Estate ni respect of any liabilities or losses incured by them ni carying on any such business; *.* that every Trustee hereof shal eb fuly and efectualy indemnified out of my Residuary Estate and every part thereof ni respect of any personal liabilities which he or she may incur ni connection with any such business and Ifurther declare that no Trustee hereof shal be liable ot my Residuary Estate or ot any person claiming any interest under this my Wli ofr any los which may be incurred ni carying on any such business. * FOR ascertaining entitlement under my Wil any beneficiary who does not survive me (or s

My question is can the trustee in this case the wife change the will

Does life interest mean ownership