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Committee of the Whole/Documents/Legal Declarations and Trust Documents related to Covenant CA8718173
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Legal Declarations and Trust Documents related to Covenant CA8718173

September 12, 2023Pages 318–3318 sections

A collection of legal forms and trust documents regarding the Beverley Adams Alter Ego Trust and the appointment of trustees for the Erskine Lane property.

Beverley Iris Adams deceased June 6, 2017Darlene Evelyn Grigull and John Willy Adams appointed as Trustees

LAND TITLE ACT FORM DECLARATION

Related Document Number: CA8718173

I, Jeremy M. Walden, Barrister and Solicitor of 26 Bastion Square, 3rd Floor, Victoria BC V8W 1H9 declare that:

  1. The Original Trustee is deceased and is unable to continue to serve as Trustee. Therefore Darlene Evelyn Grigull and John Willy Adams are appointed to serve as Trustees as provided for on page 3 of the trust document. An extract thereof is hereto attached for ease of reference.

I make this declaration and know it to be true based on personal information/reasonable belief.

JEREMY M. WALDEN

NOTE: A Declaration cannot be used to submit a request to the Registrar for the withdrawal of a document.

Fee Collected for Document: $14.20


Page 318–331

EXTRACT FROM TRUST DOCUMENT

(Page 3)

2 of those shares to Sherry Anne Brooks if she survives me; 2 of those shares to Terry Lee Orr if she survives me; 2 of those shares to Gordon Charles Adams if he survives me; 2 of those shares to Beverley Andrea Main if she survives me; 2 of those shares to John Willy Adams If he survives me; 2 of those shares to Marlene Diane O'Neill If she survives me; 2 of those shares to Charlene Dawn Adams if she survives me; 1 of those shares to Penny Louise Lambert ( Shular)if she survives me;

except if any of the beneficiaries dies before the original beneficiary, the share or shares of the deceased beneficiary will be divided equally among those of the beneficiaries who are alive at the date of the original beneficiaries death.

APPOINTMENT OF TRUSTEES

If the Original Trustee is unwilling or unable to continue to serve as Trustee hereunder, the Settlor appoints Darlene Evelyn Grigull and John Willy Adams to serve as Trustees without the approval of any court.

If Dariene Evelyn Grigull and/or John Willy Adams Is unwilling or unable to serve or continue to serve as Trustee, the power of appointing trustees is exercisable by the Settlor during her life by will or deed, and after her death, by Darlene Evelyn Grigull during her lifetime by will or deed.

The unwillingness of a Trustee to continue to serve will be evidenced by:

a) during the Settlor's lifetime, a written Resignation delivered (personally, by courier or by certified mail) to the Settlor, effective on the date of the Resignation; and

b) after the Settlor's death, a written Resignation delivered (personally, by courier or by certified mail) to the adult Beneficiaries, effective on the date of the Resignation.

The inability of a Trustee to continue to serve will be evidenced by:

a) the written opinion of a physician licensed to practice medicine under the laws of the jurisdiction of the trust that the person Is unable to manage his or her own financial affairs;


Page 318–331

LAND TITLE ACT FORM DECLARATION

Related Document Number: CA8718173

I, Jeremy M. Walden, Barrister and Solicitor of 26 Bastion Square, 3rd Floor, Victoria BC V8W 1H9 declare that:

  1. The Original Trustee is deceased and is unable to continue to serve as Trustee. Therefore Darlene Evelyn Grigull and John Willy Adams is appointed to serve as Trustees as provided for on page 3 of the trust document. A copy thereof is hereto attached for ease of reference.

  2. An application for the change of Trustee(s) have been filed under CA8746669, a copy thereof hereto attached.

I make this declaration and know it to be true based on personal information/reasonable belief.

JEREMY M. WALDEN

NOTE: A Declaration cannot be used to submit a request to the Registrar for the withdrawal of a document.

Fee Collected for Document: $14.20


Page 318–331

LAND TITLE ACT - CHARGE, NOTATION OR FILING

VICTORIA LAND TITLE OFFICE CA8746669 FEB 01 2021 14:31:45.001

1. Application

COX TAYLOR, Barristers & Solicitors 3rd Floor, Burnes House 26 Bastion Square Victoria BC V8W 1H9 250-388-4457

File: W-1129-72*JMW

2. Description of Land

PID/Plan Number Legal Description
002-364-531 LOT B, SECTION 93, ESQUIMALT DISTRICT, PLAN 26648, EXCEPT PART IN PLAN VIP62088

3. Nature of Charge, Notation, or Filing

Type Affected Number Additional Information
APPLICATION TO CHANGE TRUSTEE (NO PTT) EW106420 Beverley Adams is deceased and to be replaced by Darlene Evelyn Grigull and John Willy Adams as per attached trust document, see page 3 thereof.

4. Person Entitled to be Registered as Charge Owner

DARLENE EVELYN GRIGULL JOHN WILLY ADAMS 9 ERSKINE LANE VICTORIA BC V8Z 1R7

TRUSTEE(S), SEE EW106420


Certificate of Death for Beverley Iris Adams
Certificate of Death for Beverley Iris Adams
Page 318–331

CERTIFICATE OF DEATH

PROVINCE OF BRITISH COLUMBIA Vital Statistics Agency

Registration No. 2017-59-017287

This is to certify that the following is an extract from the registration on file with the Vital Statistics Agency, Victoria, British Columbia, concerning the death of:

Name BEVERLEY IRIS ADAMS
Date of Death JUN 06, 2017
Sex FEMALE
Place of Death VICTORIA
Age 87 YEAR(S)
Birthplace BRITISH COLUMBIA, CANADA
Residence VICTORIA, BRITISH COLUMBIA

Given under my hand at Victoria, British Columbia this 13 day of JUN 2017.


Page 318–331

LAND TITLE ACT FORM A - FREEHOLD TRANSFER

Document: EW106420 Date: 10 AUG 2004

1. APPLICATION: ANNIKO, HUNTER, Barristers & Solicitors, 201 - 300 Gorge Road West, Victoria, B.C. V9A 1M8 Client No.: 10125

2. (a) PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND: 002-364-531 Lot B, Section 93, Esquimalt District, Plan 26648, Except Part in Plan VIP62088

(b) MARKET VALUE: $621,800.00

3. CONSIDERATION: $1.00

4. TRANSFEROR: BEVERLEY IRIS ADAMS

5. FREEHOLD ESTATE TRANSFERRED: Fee Simple

6. TRANSFEREE(S): BEVERLEY ADAMS ALTER EGO TRUST, 9 Erskine Lane, Victoria, British Columbia V8Z 1R7 (IN TRUST)

7. EXECUTION: The Transferor(s) accept(s) the above consideration and understand(s) that this instrument operates to transfer the freehold estate in the land described above to the transferee(s).

Officer Signature: URMAS O. ANNIKO BARRISTER & SOLICITOR 201-300 GORGE ROAD, WEST, VICTORIA, B.C. V9A 1M8

Execution Date: Y: 2004 M: 02 D: 20

Transferor(s) Signature(s): BEVERLEY IRIS ADAMS


Page 318–331

TRUST SETTLEMENT

THIS TRUST SETTLEMENT is made by Beverley Iris Adams, of the City of Victoria, Province of British Columbia (the "Settlor"), and Beverley Iris Adams of the City of Victoria, Province of British Columbia (the "Original Trustee").

The name of the Trust shall be the BEVERLEY ADAMS ALTER EGO TRUST.

The effective date of this Trust Settlement shall be July 31, 2002.

DEFINITIONS

"The Original Beneficiary" means the Settlor;

"The Beneficiaries" means: Joanne Cora Adams, Darlene Evelyn Grigull, Sherry Anne Brooks, Terry Lee Orr, Gordon Charles Adams, Beverley Andrea Main, John Willy Adams, Marlene Diane O'Neill, Charlene Dawn Adams and Penny Louise Lambert (Shular).

Any Person or class of Persons nominated to the Trustees by the Settlor in writing;

"Income" means income of the Trust Fund as determined by the law of trusts, but excluding: the fair market value of any shares or other securities received as stock dividends; any proceeds of sale of any Trust Property (including share redemptions); the fair market value of any option or other right granted to the Trustees to acquire any property; any capital gain realized on the disposition of Trust Property, whether deemed or action; and any other amount that is deemed to be income under any applicable provision of the Income Tax Act;

"Person" includes a person anywhere in the world and includes a Trustee.

"The Trustee" means the Original Trustee or the trustee of the Trust Settlement for the time being;

"The Trust Fund" means property transferred to the Trustee to hold on the terms of this Trust Settlement and all property from time to time representing that property;

"Trust Property" means any property comprised in the Trust Fund;

"The Trust Period" means the period of 80 years beginning with the date of this Trust Settlement;

"The Termination Date" means the earlier of: a) the day immediately preceding the date when the Trust Period ends; or b) the date that the Trustees specify during the Trust Period to terminate the trust;

but in no event shall the Termination Date be prior to the date of death of the Original Beneficiary.

PURPOSE OF THE TRUST

During the lifetime of the Original Beneficiary, the Trustee shall hold the Trust Fund and pay to the Original Beneficiary all the income derived from the Trust Fund, and any amounts of the capital as the Trustee decides is necessary or desirable to maintain the Original Beneficiary according to her station in life and in the style to which she has been accustomed or to meet what the Trustee decides are special or unusual circumstances, and the Trustee is exonerated from the consequences of depleting or exhausting the capital of the Trust Fund during the Original Beneficiary's lifetime.

Upon the death of the Original Beneficiary, the Trustee shall pay the Trust Fund within a reasonable period of time after the death of the Original Beneficiary and after all liabilities of the Trust including the funeral expenses of the Original Beneficiary have been met as follows:

Divide the balance then remaining in the trust into 19 equal shares and give:

  • 2 of those shares to Joanne Cora Adams if she survives me;
  • 2 of those shares to Darlene Evelyn Grigull if she survives me;
  • 2 of those shares to Sherry Anne Brooks if she survives me;
  • 2 of those shares to Terry Lee Orr if she survives me;
  • 2 of those shares to Gordon Charles Adams if he survives me;
  • 2 of those shares to Beverley Andrea Main if she survives me;
  • 2 of those shares to John Willy Adams if he survives me;
  • 2 of those shares to Marlene Diane O'Neill if she survives me;
  • 2 of those shares to Charlene Dawn Adams if she survives me;
  • 1 of those shares to Penny Louise Lambert (Shular) if she survives me;

except if any of the beneficiaries dies before the original beneficiary, the share or shares of the deceased beneficiary will be divided equally among those of the beneficiaries who are alive at the date of the original beneficiaries death.

APPOINTMENT OF TRUSTEES

If the Original Trustee is unwilling or unable to continue to serve as Trustee hereunder, the Settlor appoints Darlene Evelyn Grigull and John Willy Adams to serve as Trustees without the approval of any court.

If Darlene Evelyn Grigull and/or John Willy Adams is unwilling or unable to serve or continue to serve as Trustee, the power of appointing trustees is exercisable by the Settlor during her life by will or deed, and after her death, by Darlene Evelyn Grigull during her lifetime by will or deed.

The unwillingness of a Trustee to continue to serve will be evidenced by: a) during the Settlor's lifetime, a written Resignation delivered (personally, by courier or by certified mail) to the Settlor, effective on the date of the Resignation; and b) after the Settlor's death, a written Resignation delivered (personally, by courier or by certified mail) to the adult Beneficiaries, effective on the date of the Resignation.

The inability of a Trustee to continue to serve will be evidenced by: a) the written opinion of a physician licensed to practice medicine under the laws of the jurisdiction of the trust that the person is unable to manage his or her own financial affairs; b) the bankruptcy of the person; or c) the death of the person.

No Trustee shall have any responsibility for any acts or omissions of any prior Trustee and no duty to audit or investigate the accounts or administration of any prior Trustee.

No Trustee shall have any duty to take action to obtain redress for a breach of trust of any prior Trustee, unless requested to do so in writing by a Beneficiary within one year after the appointment of the successor Trustee.

AMENDMENT

The Settlor may amend any of the provisions of this Trust Settlement, and any amendment may be cancelled or amended, except that: a) no one other than the Original Beneficiary may receive any income or capital from the Trust Fund so long the Original Beneficiary is living; b) the duties and responsibilities of the Trustee will not be substantially changed without the Trustees' written consent.

If the Settlor is unable to manage her own affairs because of mental infirmity, the power to amend this Trust Settlement may be exercised by the Settlor's power of attorney, representative, or committee.

POWERS OF TRUSTEE

In addition to all powers conferred by law, the Trustee has the powers set out in Schedule 1 to this Trust Settlement.

Despite any provision to the contrary in this Trust Settlement, no power or discretion may be exercised by the Trustee that would result in a payment of income or capital to any one other than the Original Beneficiary so long as the Original Beneficiary is living.

GENERAL PROVISIONS

If any provision of this instrument is void, invalid or unenforceable, the remaining provisions shall nevertheless be valid and carried into effect.

The headings in this instrument are for convenience only and are not part of the text.

The situs of the Trust shall be British Columbia. The situs of the Trust may be transferred from British Columbia to such other jurisdiction as the Trustee may designate.

The Settlor and the Original Trustee have read the provisions of this Trust Settlement and understand the provisions of it.

IN WITNESS WHEREOF the Settlor and the Original Trustee have signed this Trust Settlement at the City of Victoria, Province of British Columbia this 31 day of July 2003.

SIGNED, SEALED AND DELIVERED by the Settlor in the presence of: BEVERLEY IRIS ADAMS

SIGNED, SEALED AND DELIVERED by the Trustee in the presence of: BEVERLEY IRIS ADAMS


SCHEDULE 1

  1. The Trustees will not be liable for any loss that arises from any Investment made in good faith.
Page 318–331
  1. The Trustees may delegate investment decisions to a related corporation or other professional investment manager or advisor as in my trustees absolute discretion deem advisable and may authorize the following investments: a) any mutual funds; b) any unit trust; c) any common trust funds or other pooled funds (including any such mutual funds, unit trusts, common trusts or pooled funds issued by any corporate trustee (or successor); with full liberty to vary and transpose the same from time to time.

  2. In the event the Trustees are found to have acted imprudently in the making or delegation of investment decisions, the Trustees shall not incur any liability nor be responsible for any loss that may be occasioned, so long as the Trustees acted in good faith.

  3. The Trustees may effect any transaction relating to the management or disposition of Trust Property as if absolutely entitled to it.

  4. The Trustees may determine income and principal, and how receipts and disbursements, including the fees of the Trustees, shall be charged between income and principal; however, all such determination shall be made In accordance with the law of the situs of the Trust. The decision and the accounts of the Trustees so made will be binding on all Beneficiaries.

  5. The Trustees may acquire any interest in property anywhere in the world for occupation or use by the Original Beneficiary.

  6. The Trustees may borrow money for investment or any other Trust purpose, and money so borrowed shall be treated as Trust Property.

  7. The Trustees may mortgage or charge Trust Property as security for any liability incurred by him/her as trustees.

  8. The Trustee may lend trust money to a Beneficiary on such terms as the Trustees consider fit.

  9. a) Upon the death of the Original Beneficiary, the Trustees may (but are not obligated to) pay any debts, or a portion thereof, of the Original Beneficiary to the extent that the estate of the Original Beneficiary does not have sufficient funds to pay such debts. b) Debts may include but are not limited to: funeral expenses of the original beneficiary, property, inheritance, succession or other death taxes: duties, charges or assessments together with interest, penalties, costs: income taxes; and trustee's compensation and professional fees payable. c) This power does not extend to payment of any debt arising from a claim made pursuant to the Wills Variation Act of British Columbia. d) The Trustees may make such payments directly, or to the Executor or other fiduciary of the Original Beneficiary and may rely upon the written statement of such fiduciary as to the amount and propriety of such debts. e) The decision of the Trustees as to any such payments shall be binding upon all beneficiaries.

  10. The Trustees may pay from the Trust Fund, from time to time and without prior approval of the court or the beneficiaries, all costs, charges and expenses of the Trust Property and remuneration for any agents, assistants and professionals as the Trustees consider necessary to protect and manage the Trust Property.

  11. The Trustees may pay from the Trust Fund, without prior approval of the court or beneficiaries, reasonable remuneration for trustee services provided that: a) written notice of the proposed remuneration, with full details of the services to which it relates, is delivered to the Original Beneficiary during her lifetime, and after her death, to all other adult ascertained beneficiaries, at least 30 days before the remuneration is paid; and b) no beneficiaries object to the proposed remuneration during that 30 days.

  12. The Trustees may commence or defend litigation relating to the Trust or any Trust Property as the Trustees consider advisable, at the expense of the Trust.

  13. The Trustees may settle any claims or litigation against or in favour of the Trust.

  14. The Trustees may take any action and make any election to minimize the tax liabilities of the Trust and its Beneficiaries and to allocate the benefits among the Beneficiaries and to make adjustments in the rights of any Beneficiaries or between the income and principal accounts, to compensate for the consequences of any tax election or any investment or administrative decision that the Trustees believe has had the effect of directly or indirectly preferring one Beneficiary or another.

  15. The Trustees are under no obligation to hold a balance between conflicting interest of beneficiaries, and are relieved from the duty to maintain an even hand between the Original Beneficiaries and any beneficiary who may under the terms of this Trust become entitled to the Trust Fund.

Page 318–331

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Extracted from: 2023 09 12 Committee of the Whole Agenda - Agenda - Pdf