| Diana Princess of Wales
Last Will and Testament
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 and he will
consult with my mother with regard to the upbringing in 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 of 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 of 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 of 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 situates 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
attain the age of twenty five years if more than one in equal share PROVIDED
THAT if either child of mind dies before me or within three months after
my death and issue of the 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 stripe and 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 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 o 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 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
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 or 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) |