Download as pdf or txt
Download as pdf or txt
You are on page 1of 8

3

•;

/ (_,,.
/i Wbf - 7 /Q9

trust©
6

REVOCABLE
BOTCHWAY LEGACY TRUST
LIVING TRUST AGREEMENT
FOR THE AUTONOMOUS NATIONAL
IN ULTRA VIRES STATUS

jNote: This creates a trust for the lifetime use of nartkwaku james el botchway bey as Grantor and
a Third Party as Co-Trustee. Upon the death of the individual, property in the trust goes to any
person specified in the trust.J

REVOCABLE LIVING TRUST AGREEMENT

This REVOCABLE BOTCHVi’AY LEGACY TRUST


LIVING TRUST AGREEMENT FOR THE AUTONOMOUS NATIONAL IN [JLTRA VIRES
STATUS :‘:ent is made this 29th day of December. 2021 between JAMES NART-KWAKU
BOTCHWAY (ESTATES). of herein referred to as Grantor, successor trustee nartkwaku el
botchway bey. Trustee. of 10 STERRY GARDENS in the City of DAGENHAM ESSEX RM1O
8PH. UNITED KINGDOM herein referred to as trustee.

Whereas. grantor nartkwaku james el botchway bey is now the owner of the property described in
Exhibit A attached hereto and made a part hereof and

Whereas. grantor nartkwaku james el botchway bey desires to make provision for the care and
management of such property, and the collection of the income therefrom. and the disposition of both
such income and such property in the manner herein provided:

Now therefore. for the reasons set forth above, and in consideration of the mutual covenants set forth
herein, grantor and tnistees agree as follow:

Transfer of ropertv: Grantor. in consideration of the acceptance by trustee of the trust herein
created. hereby convey, transfer. assign. and delivers to trustees. their successors in trust and assigns.
the property described in Exhibit A to Exhibit F attached hereto and made a part hereof. b time
reference. which property, together with all other property that may from me to time be held by
trustees hereunder. is herein referred to as Trust Estate. Grantor. and an’ other persons shall have the
right at any time to add property acceptable to trustees to this trust and such property, when received
and accepted by trustees. shall become part of the trust estate.

2. Beneficiaries Disposition of Income and Principal: Trustees shall care for, manage the trust estate.
collect the rest subject mailer derived therefore. and. after the payment of all debts. assessments thereon.
all charges incident to the management thereof. dispose of the net income from and corpus thereof as
follows:

During the lifetime of grantor the trustees may pay the rest of the trust estate and such portions of the
principal as the grantor from time to time may direct to the grantor or otherwise as he/she directs during
his/her life. After the death of the grantor the successor trustee shall distribute the trust estate to the
following beneficiaries in the percentages as shown or beneficiaries who shall survive me:

1. (5 %) bernard senyo botchway bey, E


- car 10 STERRY GARDENS in the
City of DAGENHAM. ESSEX RM1O 8PH UNITED KINGDOM.

2. (5 %) bernardine senam botchway bey, Estate/Beneficiary 10 STERRY GARDENS in


-

the City of DAGENHAM. ESSEX RM1O 8PH UNITED KINGDOM.

3. (5 %) yasmin shika botchway bey, Estate/Beneficiary 10 STERRY GARDENS in the


-

City of DAGENHAM ESSEX RM1O 8PH UNITED KINGDOM

The share of any beneficiar who shall be under the age of 21 ‘cars shall not be paid to such beneficiary
but shall instead held in trust to his/her use all the income thereof and also such amounts of the principal.
even to the extent of all, as the trustee deems necessary or suitable for the support. welfare. and education
of such beneficiary: and when he/her attains the age of 21 ears. to pay him/her the remaining principal, if
any. If any beneficiary for whom a share is held in trust should die before having received all the principal
thereof. then upon his/her death the remaining principal shall be paid to his/her the living child or
children, equally if more than one. and in death thereof, to the then living descendants of the grantor. per
stirpes. No interest hereunder shall be transferrable or assignable by an’ beneficiary, or be subject during
his or her life to the claims of his or her creditors. Notwithstanding anything herein to the contrary, the
trust hereunder shall terminate not later than twenty -one to 25 years after the death of the last beneficiary
name herein.

PROTECTION OF BENEFICIARIES. The interest of any beneflciai under this Agreement shall not
be subject to assignment. anticipation. claim of creditors. or seizure by legal process. If the Tnistee
believes that the interest of am beneficiary is threatened to be diverted in any manner from the purposes
of this Agreement, the Trustee shall withhold the income and principal from distribution and shall apply
payment in the Trustee’s discretion in such manner as the Trustee believes shall contribute to the health.
support. maintenance, and education of the beneficiaries. When the Trustee is satisfied that such diversion
is no longer effective or threatened, the Trustee may resume the distribution of income and principal
authorised. If a separate Trust share had been designated for such beneficiaries prior to such withholding
by the Tnistee, any undistributed income from such share be added to the principal of that beneficiary’s
share.

3. TRUST SHARE FOR CHILDREN.

The primar purpose of this Children’s Trust share (referred to as “this Children’s Trust”) is to provide for
the health. maintenance, and education of the Grantor’s children. and any other children born to or
adopted by the Grantor after the signing of this Agreement. The provisions of this Children’s Trust also
provide for the distribution of the Grantor’s residuary Trust assets. If the Trustee of this Children’s Trust is
the beneficiary of any life insurance policy on the Grantor’s life, any pension plan or any other contract.
the proceeds of such polic. plan or contract shall be treated by the Trustee’s though received as a part of
this Trust Share.

A. Use and Distribution. Until there is no living child of the Grantor under the age of 30 years,
the Trustee shall pay to any child of the Grantor or descendent of any deceased child of the Grantor. such
sums from the income or principal as the Trustee deems advisable for such beneficiary ‘s health.
education. support, and maintenance. Any such payments need not be equal between or among the
Grantor’s children and descendants of deceased children either as individuals or separate groups. and their
distributive shares shall not be charged for such distributions. The Trustee shall take into consideration
their respective needs and any and all other income and property that is known by the Trustee to be
available to the beneficiaries for the above purposes. Any income not distributed shall be added to
principal.

Where there is no living child of the Grantor under the age of 30 years the Trustee shall divide the Trust
into equal shares. one share for each then living child of the Grantor and one share for the then living
descendants, collectiv clv. of each deceased child of the Grantor.

1. With respect to each share provided for a child of the Grantor then living: a. Because each child
has attained the age of 30 cars. each child shall have the right, by written request, to withdraw
one-third in value of the remaining assets of such child’s share then being held in trust.

b. Each child who has attained the age of 40 ‘ears. and each remaining child upon attaining such
age. shall have the right, by wntten request. to withdraw one-half in value of the remaining assets
then being held in such child’s share.

c. Each child who has attained the age of 50 years. and each remaining child upon attaining such
age. shall have the rights, by wntten request. to withdraw the remaining assets then being held in
such child’s share. and if that child does so withdraw the remaining assets. the Trust as to that
share shall terminate.

d. The withdrawal rights described in paragraph (a) and (b) shall be cumulative, so that if the
child has already attained the age specified in paragraph (b) at the time the Trust is divided into
shares. the child shall have the right to withdraw a total of two-thirds in value of the remaining
principal then being held in that child’s trust share. However, in the event that the child does not
make a request for a distnbution within six months after attaining eligibility to do so. the amount
of such distribution shall not be distributed by the Trustee except as either (i) a part of the next
succeeding distnbution. or (ii) as provided in paragraph (e).

e. Prior to final distribution to each child, as provided in this section. the Trustee shall pay to each
child such sums from the income or principal of that child’s share as the Trustee deems advisable
for such child’s health. education. support. and maintenance. Any income not distributed shall be
added to principal.

f. If a child of the Grantor dies before receiving full distribution of such child’s share, the
remainder of such child’s share shall be distributed by right of representation. to such child’s
descendants. Each portion distributable to a descendant of the Grantor for whom a share of this
Trust is being held shall be distributed to the Trustee of that share and become a part of that share.

2. With respect to each share provided for the then living descendants. collectivel of a deceased child of
the Grantor. the Trustee shall distribute that share by right of representation to the descendants of the
deceased child.

3. If no child of the Grantor survives to age 30 ears. and if none of the Grantor’s children have surviving
descendants, the Tnistee shall distribute the remaining Trust assets in the manner set forth in paragraph
“No Surviving Descendant.”

4. Upon the death of a Trust beneficiary under the circumstances contemplated by this section (“Use and
Distribution”), the Trustee. in the Trustee’s discretion. may pay the expenses of last illness. funeral. and
related expenses of such beneficiary from Trust assets.

5. Revocable and Amendment: The Grantor ma, by signed instrument delivered to the Trustee, revoke
the Trust hereunder. in whole or in part. or amend this Agreement from time to time in any manner.

A. Amendment During Grantor’s Lifetime any

Ar any time during the lifetime of the Grantor and while the Grantor is not incapacitated, the Grantor rna.
subject to the other provisions of this section. after or amend this Living Trust on delivery to the
Successor Trustee of a written instrument signed by the Grantor.

Amendments may include but are not limited to. the following:

a. The Grantor may change the number and identity of the Grantors. the Trustees, the Successors
Trustees or the Beneficiaries.

b. The Grantor may add or withdraw property from this Living Trust.

c. Payments During a “Disability” of the Grantor. During any period that the Grantor has a
“disability”, the Trustee may pay to or for the benefit of the Grantor such amounts of income and
principal as the Trustee believes in the Trustee’s sole discretion to be required for (i) the Grantor’s
support. comfort and welfare. (ii) the Grantor’s accustomed manner of living, or (iii) any purpose
that the Trustee believe to be in the best interest of the Grantor. Furthermore. in the event of
illness or other disability of Grantor, the Trustee may. in lieu of making payment of such income
directly to the Grantor. use and appl for the benefit of the Grantor so much of such income and
also the principal of the Trust estate for the proper care. comfort, medical of surgical attention.
maintenance and support of Grantor. The Trustee. in such discretion. may pay over to any relative
or legal guardian of the Grantor. all or any portion of such income or principal for any of said
purposes in lieu of using and applying said funds for the benefit of Grantor.

d. Disability Defined. For the purposes of this Trust. “disability” shall mean a legal disability or
the inability to provide prompt and intelligent consideration to financial matters by reason of
illness or mental or physical disability. The determination of whether the Grantor has a disability
shall be made by the Grantor’s most recent attending physician. The Trustee shall be entitled to
reply on wntten notice of that determination.

6. This Living Trust ma’ not be amended after the death of the Grantor.

B. Revocable During Grantor’s Lifetime

At any time during the lifetime of the Grantor and while the Grantor is nor incapacitated, the Grantor may.
subject to the provisions of this section. revoke this Living Trust in its entirety on delivery to the
Successor Trustee of a wntten instrument signed by the Grantor. in the event of such revocation, the
remaining Property will revert to the Grantor after all the debts and expense attributed to the Living have
been paid.

C. This Living Trust may not be revoked after the death of the Grantor.

Trustee:

7. Dunng the lifetime of the Grantor. and while the Grantor is not incapacitated, the Grantor will serve as
the prmar trustee (the “Primary Trustee’) of this Living Trust.

A. Successor Trustee: In the event of death or incapacity of Grantor. I hereby nominate and
appoint as successor Trustee nartkwaku james el botchway bey. of 10 STERRY GARDENS. in
the City of DAGENHAM. ESSEX. RM1O 8PH. UNITED KINGDOM In the event the successor
Trustee does for serve. I appoint whomever shall at the time be first designated beneficiary hereunder. The
Trustees and their successors shall serve without bond.

B. Upon the death of or during the incapacity of the Grantor then successors Trustee nartkwaku
james el botchway bey. of 10 STERRY GARDENS. in the City of DAGENHAM. ESSEX
RM1O 8PH. UNITED KINGDOM will serve as the acting Trustee of this Living Trust. If the
Grantor should recover such that they are no longer considered incapacitated then the Grantor will
resume their control of the managementof this Living Trust.

C. Trustees’ Acceptance: This Trust has been accepted by Trustees and will be
administered in the City of LONDON, UNITED KINGDOM and its validity, construction, and
all rights thereunder shall be governed by the laws of the City.

Trustee Bond

8. Subject to the laws North America Republic, Divine Constitution of 1789 with 13 amendments
and 20 sections, Treaty Of Peace And Friendship and Zodiac Constitution any other applicable
jurisdiction, no bond or security of any kind will be required of any Trustee appointed in this Living
Trust Agreement.

Trustee Liability

9. The Trustee will not be liable to this Living Trust. the Grantor or to the Beneficiaries for any action or
failure to act resulting in loss or harm to this Living Trust, the Grantor or to the Beneficiaries except in the
case of gross negligence, wilful misconduct. or reckless indifference to the purpose of the Trust or the
interests of the Beneficianes. A Trustee will only be responsible for his or her own acts and no Trustee
will be liable for any act or action occurring in the period before or after the tenure of that Trustee. Any
outstanding liabilities of a death. resigning or removed Trustee are not discharged or affected b the
Trustee’s death. resignation or removal.

Trust Death or Resignation

10. A Trustee may resign at anytime for an’ reason upon at least 30 days’ notice to Grantor, if the Grantor
is still alive, to any remaining Trustee. if there are any and to the Qualified Beneficiaries. If a Trustee dies
that Trustee will cease to be a Trustee.
Trustee Removal

ii. After the death of the Grantor, the Qualified Beneficiaries ma. b’ unanimous vote of all of the
Qualified Beneficiaries. If a Trustee dies. that Trustee will cease to be a Trustee as of the date of their
death

12. At any time death or disability of the Grantor. a Trustee or Beneficiary may apply to court of
competent jurisdiction to remove a Trustee. A Trustee may also be removed by the court on court’s own
initiative.

Trustee Replacement

13. At any time where the Grantor is alive and not incapacitated and where a Trustee has been removed.
died, resigned or is no longer able to act as Trustee for an reason, a replacement Trustee may be
appointed by the Grantor.

14. Where the Grantor is dead or incapacitated, and where a Trustee has been removed, died, resigned or
no longer able to act as a Trustee for any reason. and where a replacement Trustee is deemed necessary by
the remaining act Trustee. a replacement Trustee for any reason. and where a replacement Tnistee is
deemed necessary by the remaining acting Trustee. a replacement Trustee may be appointed by a majontv
vote of all acting Trustee still able and authorised to act.

15. Where the Grantor is dead or incapacitated, and where the Living Trust is left with no Trustee, a
replacement Trustee may be appointed by an unanimous vote of the Qualified Beneficiaries.

Trustee Powers

16. Powers granted to an acting Trustee of this Living Trust include but arc not limited to, the following:

a. The Trustee will have the same nghts and obligations to manage the Property as if the Trustee
were the owner of the Property.

b. After the death of the Grantor. the Trustee will have the power to appoint one or more
individuals or institutions to act as co-Trustee where it is deemed reasonable and in best overall
interest of this Living Trust.

c. The Trustee may employ and rely on advice of experts including but not limited to. legal
counsel, accountants and investment advisors to help in the management of Property where that
hiring is deemed reasonable and in the best overall interest of this Living Trust.

d. The Trustee may retain. exchange. insure, repair. improve, sell or dispose of any and all
personal property belonging to this Living Trust as the Trustee deems reasonable and in the
best overall interest of this Living Trust. without liability for loss or depreciation.

e. The Trustee may invest, manage. lease. rent. exchange. mortgage. sell, dispose or give options
without being limited as to term and to insure, repair. improve, or as to or otherwise deal with
any and all real property belonging to this Living Trust as the Trustee deems reasonable and in
the best overall interest of this Living Trust. without liability for loss or depreciation.

f. The Trustee may maintain, continue, dissolve, exchange or sell any business which is part of
this Living Trust. or purchase any business on behalf of this Living Trust. as the Trustee deems
reasonable and in the best interest of this Living Trust.

g. The Trustee may purchase. maintain, convert and liquidate investments or securities at
reasonable risk, and for the purpose of generating income and growth. and vote stock in person
or b proxy, or exercise any option concerning any investments or securities, as the Trustee
deems reasonable and in the best overall interest of this Living Trust. without liability for loss
or depreciation.

h. The Trustee may open or close bank accounts wherever reasonable and in the best overall
interest of this Living Trust.

i. The Tnistee may invest and or reinvest the assets of this Living Trust, at reasonable risk for the
purpose of generating income and growth. as the Trustee deems reasonable and in the best
oerall interest of this Living Trust. with liability for loss or depreciation.

j. The Trustee may hold un-invested cash and unproductive property where it is reasonable and in
________________________-

the best interest of this Living Trust to do so including, but not limited to. for the purpose of
protecting the capital and pnncipal to this Living Trust.

k. The Trustee may lend funds to an’ borrower where the loan is adequately secured by sufficient
collateral and where the loan is reasonable and in the best overall interest of this Living Trust.

1. The Trustee may barrow fund from lenders and mortgage or otherwise encumber any asset
belonging to this Living Trust where the loan is reasonable and in the best overall interest of
this Living Trust.

m. The Trustee may maintain, settle. abandon. sue or defend. or otherwise deal with any claim
where it is reasonable and in the best overall interest of this Living Tnist.

n. The Trustee may make Final Distribution in an’ combination of cash and property. Proper
selection and valuation in the course of the Final Distribution will be made in good faith
discretion to the Trustee and will be binding on all Beneficiaries.

17. It is incumbent on the Trustee. to act as fiduciaries, in good faith and in the best overall interest of this
Living Trust.

18. All decisions of the acting Trustee. made in good faith. regarding the management of the Living Trust
vill be Final and Biding on all Parties.

19. The above authority and poers granted to the Trustee are in addition to any powers and elective
rights conferred by state or federal law or other provision.

Distribution During the Lifetime of the Grantor

20. During the lifetime of the Grantor and while the Grantor is not incapacitated, the acting Trustee will
distribute as much of the income and principal of the Living Trust to the Grantor as the Grantor may
request. While the Grantor is incapacitated and no longer able to manage or continue to manage their own
affairs, then the acting Trustee may withhold or make payment out of the resources of this Living Trust or
any amount that the acting Trustee in their sole judgement deems appropriate for the maintenance.
comfort and welfare of the Grantor.

Distribution Upon Death of the Grantor

21. Upon the death of the Grantor and a.fter resolving all applicable legal debts and obligation of the
Grantor. the acting Trustee vi1l expeditiously act to distribute the remaining Property as directed in this
section.

22. The Grantor has designated one or more specific gifts (the ‘Specific Gifts”) to be distributed prior to
the distribution of the rest and residue of this Living Trust. Any Specific Gift that no longer exists as part
of this Living Trust vil1 be void. No Specific Gifts will be distributed until all applicable legal debts and
obligation of the Grantor are resolved. The Specific Gifts to be distributed are as follows:

a. To____________________ of London. United Kingdom fro their


own use absolutel.

the following:

23. After resolving all applicable legal debts and obligations of the Grantor and distributing all Special
Gifts. the acting Trustee will distribute the remaining propertY in this Living Trust in EQUAL shares
(individually the “Share” and collectively the “Share”) to the following Beneficiaries:

1. (5 %) bernard senyo botchway bey, Estate/Beneficiary 10 STERRY GARDENS. in the


-

City of DAGENHAM. ESSEX RM1O 8PH UNITED KINGDOM


2. (5 %) bernardine senam botchway bey, Estate/Beneficiary 10 STERRY GARDENS. in
-

the City of DAGENHAM ESSEX RM1O 8PH. UNITED KINGDOM

3. (5 %) yasmin shika botchway bey, Estate/Beneficiary 10 STERRY GARDENS in the


-

City of DAGENHAM. ESSEX RM1O 8PH. UNITED KINGDOM.

24. Where a Beneficiary is under the are of 21 cars at the time of the Final Distribution, and that
Beneficiary is not an Adult Dependent Beneficiary, the acting Trustee will then act as Trustee(s) by
holding that Share in a separate Trust for that Beneficiary under the same terms and conditions as outline
in this Living Trust. and will keep that Share invested, pay the income or capital or as much of either or
both as the then acting Trustee(s). in their sole discretion. consider advisable for the maintenance.
education, advancement or benefit of that Beneficiary until that Beneficiary reaches the age of 2 1 years
where upon the then acting Trustee(s) will pay or transfer the rest of the residue of that Share to that
Beneficiary.

25. Where a Beneficiary is an Adult Dependent Beneficiary at the time of the Final Distribution, the
acting Trustee max. at their sole discretion:

a. Continue to act as Trustee(s) by holding the Share of any Adult Dependent Beneficiary in a
separate Trust, subject to the same terms and conditions contained in this Living Tnist. and to
keep that Share invested, and pay the income or capital or as much of either or both as the then
acting Trustee(s) consider advisable for the maintenance. education. advancement or benefit of
that Adult Dependent Beneficiary: or

b. Pay or transfer all capital. assets and property of that Share or the amount remaining of that
Share of that Adult Dependent Beneficiary to any parent. custodian or guardian
of that Adult Dependent Beneficiary subject to the same terms and conditions contained in this
Living Trust and the receipt by that parent. custodian or guardian will discharge all duties and
obligations of the acting Trustee

26. If any of the named Beneficiaries do not survive the Grantor by at least thirty (30) days but do leave
an heir or issue that survive the Grantor by at least thirty (30) days. then the Specific Gift or the Share
designated for that Beneficiary, of whatever kind and character. and whatever located, will be distributed
per stirpes among those surviving heirs or issue. Where those surviving heirs or issue are not of the age of
majority, the acting Trustee may pay or transfer all capital. assets. and property attributed to those minor
heirs or issue of that Beneficiary to any parent. custodian or guardian of this minor heirs or issues, subject
to the same terms and conditions contained in this Living Trust. and the receipt by that parent. ‘custodian
or guardian will discharge all duties and obligations of the acting Trustee.

27. If any of the Specific Gifts Beneficiaries do not survive the Grantor by at least thirty (30) days and do
not leave an heir or issue ho survive the Grantor, then the Specific Gift. or whatever kind and character.
and whatever located, will revert to the residue of this Living Trust.

28. If any of the residual Beneficiaries do not survive the Grantor by at lease thirty (30) days and do not
leave an heir or issue ho survive the Grantor. then the Share designated for that Beneficiary, will revert
to the residue of this Living Trust.

29. If all of the successor Beneficiaries do not survive the Grantor by at least thirty (30) days and do not
leave an heir or issue who survive the Grantor by at least thirty (30) days then all of the remaining
property in this Living Trust. of whatever kind and character and wherever located, will revert to the
Estate of the Grantor.

30. If an’ of the real property to be distributed in this Living Trust remains subject to a mortgage at the
time of the Final Distribution, then the Beneflciar taking the mortgaged propem will take that property
subject to that mortgage and the Beneficiary will not be entitled to have the mortgage paid out or resolved
from the remaining assets or residue of this Living Trust.

31. MISCELLANEOUS PROVISIONS

A. Paragraph Titles and Gender. The Titles given to the paragraphs of this Trust are inserted for reference
purposes only and are not to be considered as forming a part of this Trust in interpreting its provisions.
All words used in this Trust in any gender shall extend to and include all genders, and any singular
words shall include the expression. and vice versa, specifically including “child” and “children”, when
the context or facts so required. and any pronouns shall be taken to refer to the person or persons
intended regardless of gender or number.

B. Thirty Da Survival Requirement. For the purpose of determining the appropriate distributions under
this Trust. no person or organisation shall be deemed to have survive the Grantor. unless such person
or entity is also surviving (or in existence) on the thirtieth day after the date of the Grantor’s death.
C. Liability of Fiduciary. No fiduciary who is natural person shall, in the absence of fraudulent conduct or
bad faith. be liable individually to any Beneficiary of the Grantor’s Trust Estate, and the Grantor’s
Trust Estate shall indemnify such natural person from any and all claims of expenses in connection
with or arising out of that fiduciary’s good faith actions or non actions of the fiduciary, except for such
actions or non actions which constitute fraudulent conduct or bad faith. No successor Trustee shall be
obliged to inquire into or be in any way accountable for the previous administration of the Tnist
Property.

D. Spouse. The Grantor is currently married to: kafui zaze sakpaku botchway bey

E. Children. The names of the Grantor’s children are: yasmin shka botchway bey and bernard
senyo botchway bey and bernardine senam botchway bey.

All references in this Trust to “the Grantor’s child” or ‘the Grantor children” include the above child or
children, and any other children born to or adopted by the Grantor afler the signing of this Trust.

This Trust provides for the distribution to the Grantor’s children:

3
—,\
a’—
(B, I
7 !C9

trust©
6

cs I csd
L as ve€-. O

You might also like