LAST SUPPLEMENTARY WILL
THIS IS THE LAST WILL of me, ________________, of the City of Toronto, Province of Ontario, with respect to the disposition only of certain of my mortal remains (the “Skull”) defined as follows:
the bony framework of the head, composed of the cranial bones and the bones of the face; including, but not necessarily limited to, the ethmoid, frontal, hyoid, lacrimal, nasal, occipital, palatine, parietal, sphenoid, temporal, and zygomatic bones, and the inferior nasal conchae, mandible, maxillae, and vomer.
I declare that I have, or will have at the time of my death, made a separate will disposing of all my other assets.
I. I REVOKE all former wills and other testamentary dispositions made by me in respect to the disposition only of the Skull.
II. I APPOINT __________________ to be the Estate Trustee, Executor and Trustee of this my Will, provided that if said person shall have predeceased me or shall be unwilling or unable to act or to continue to act as such, than this my Will is rendered null and void.
III. I GIVE the skull to my Trustees upon the following trusts, namely:
(a) In the discretion of my Trustees, and at their own expense, I empower the Trustees to separate the skull from the residue of my mortal remains in a manner consistent with proper, decent and dignified treatment of human remains.
(b) In the discretion of my Trustees, and at their own expense, to clean the skull of all flesh and other perishable matter in such a manner as to do no damage to the bones defined above.
(c) In the discretion of my Trustees, and at their own expense, to construct an apparatus such that the Skull may be used as a drinking cup or vessel.
(d) In the discretion of my Trustees, and at their own expense, to decorate the Skull in a manner that, in the sole and absolute discretion of my trustee, shall be deemed tasteful.
(e) To transfer and assign the Skull following the operations described above to ______________, for his own use absolutely.
IV. I DECLARE that the treatment of the Skull as described in the trusts above is consistent with my religious, cultural and personal morality and beliefs, and in no way constitutes neglect of any duty owing to my remains or improper or indecent interference or indignity to my remains contrary to sections 182(a) or (b) of the federal Criminal Code, or any successor legislation thereto.
V. I DECLARE that I have received no valuable consideration, directly or indirectly, from any person for the use or ownership of the Skull, and that the gift of the skull does not offend section 10 of the Ontario Human Tissue Gift Act, or any successor legislation thereto.
VI. MY TRUSTEES AND BENEFICIARY shall be fully protected in exercising any discretion granted to them in this my Will and shall not be liable or accountable to any person, including but not limited to my spouse, my descendants, my parents or their heirs or personal representatives by reason of the exercise of such discretion. My Trustees shall exercise the powers, authority and discretion given to them in what they deem to be the best interest of the beneficiary, and such exercise of their powers, authority and discretion shall be binding and shall not be subject to any question or review, by any person, official, authority, court or tribunal whatsoever or whomsoever.
VII. I DECLARE that no gift under this my Will shall be assigned or anticipated, or fall into any community of property, partnership or other form of sharing or division of property which may exist between the beneficiary and his spouse, and the gift shall remain the separate property of the beneficiary hereunder, free from all property rights or controls by his spouse. Without limiting the generality of the foregoing, I direct that the gift and other benefits granted by me under this my Will shall be excluded from the net family property of the beneficiary and the value therefrom shall not be subject to division between the beneficiary and his spouse pursuant to the Ontario Family Law Act, or any successor legislation thereto.
VIII. IN WITNESS WHEREOF I have to this my Last Will and Testament, written upon this and the preceding page, subscribed my name this ______ day of _____________, 2000.
SIGNED by the testator, , )
as his last Will, in the presence of us, both present )
at the same time, who at his request, in his presence ) ________________________
and in the presence of each other have hereunto )
subscribed our names as witnesses. )
WITNESS:
Name:________________ )
Address:_________________________________ ) ________________________
Occupation:______________________________ )
WITNESS:
Name:___________________________________ )
Address:_________________________________ ) ________________________
Occupation:______________________________ )
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