Will, Power of Attorney & Enduring Guardian
NSW Trustee & Guardian
of
Michael Keith Organ
Wollongong
Contents
- Will
- Power of Attorney
- Enduring Guardian
- Will Safe Deposit Declaration
- Unisuper allocation
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[NB: The following is a digital copy of original documents signed by Michael Keith Organ (b. 22 September 1956) at, and deposited at, the NSW Trustee & Guardian office, 59 Market Street, Wollongong, on 6 April 2021. The copy below is for reference purposes only. It also includes suggested amendments in brackets thus [...], where noted.]
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1. Will
Made by: Michael Keith Organ, Unit 1, 56 Church Street, Wollongong, NSW, 2500, Archivist
Dated: 8 April 2021
This is my only Will
1. The Will sets out completely who I want to give my property to after my death. I cancel any earlier Wills and Codices.
Executor and Trustee
2. I appoint my ex-wife Lara Anne Duggan the executor and trustee of this Will ("my Trustee") if she survives me.
2.1If Lara Anne Duggan does not survive me or is unable or unwilling to act, I appoint my son Andrew Michael Organ the executor and trustee of this Will ("my Trustee") if he survives me.
Gifts
3. I give all motorcycles I own when I die and all my accessories for them to my son Kyle Timothy Organ if he survives me. [Delete MO 6.3.25]
4. I give all money payable to my estate on my death from Unisuper to those of the following people who survive me:
- My son Andrew Michael Organ
- My daughter Emma Kate Organ
- My daughter India Rhiannon Duggan
- My son Kyle Timothy Organ
[Amend to: All money payable on my death from Unisuper will be allocated according to the Unisuper Non-lapsing binding death benefit nomination document. MO 6.3.25]
4.1 Any tax liability arising from this gift shall be paid from the superannuation fund processed and not from the residue of my estate.
5. I give all my real estate and all my interest in all my company title units to those of the following who survive me:
- My son Andrew Michael Organ
- My daughter Emma Kate Organ
- My daughter India Rhiannon Duggan
- My son Kyle Timothy Organ
5.1 If this real estate is charged at the time of my death with the payment of money, example, by mortgage, I confirm that this real estate so charged will be primarily liable for the payment of the charge.
6. I give all my personal effects to those of the following people who survive me:
- My son Andrew Michael Organ
- My son Kyle Timothy Organ
6.1 By "personal effects" I mean things which are readily portable and which I would use for my own enjoyment (more or less exclusively) wherever I was living. For example, clothing and toiletries, sporting gear, cameras and so on. The definition of personal effects does not include motor vehicles and jewellery.
Residue
7. I direct the rest of my estate be used first to pay my estate liabilities.
8. After payment of estate liabilities, I give the rest of my property to my ex-wife Lara Anne Duggan if she survives me.
8.1 If the gifts in the previous clause does not take effect, after payment of my estate liabilities I give the rest of my property to those of the following people who survive me:
- My son Andrew Michael Organ
- My daughter Emma Kate Organ
- My daughter India Rhiannon Duggan
- My son Kyle Timothy Organ
Capital Gains Tax Liability
9. Where a distribution to a beneficiary follows realisation of an asset by my Trustee, or transmission or transfer of the asset in specie, where my Trustee is or may become liable for the payment of capital gains tax ("CGT"), that distribution is subject to the CGT liability. The amount or relevant proportion of CGT paid or payable shall be adjusted against that beneficiary's entitlement, which is charged with the amount of the CGT.
My Digital Assets
10. My Trustee has the power to access and deal with my digital assets. This includes (but is not limited to) all things required to achieve, and associated with, the following: maintaining and controlling my digital assets, closing and/or finalising my digital assets, transferring them to beneficiaries and/or selling them.
10.1 My Trustee has the discretion to determine the extent to which, and the manner in which, my Trustee accesses and deals with my digital assets. My Trustee may, if my Trustee considers it appropriate, authorise others to assist with the process.
10.2 By "digital assets" I mean anything I own or have rights over that exists online, or stored on computers and/or other digital devices, in the cloud and/or other digital technology.
Exclusion of requirement that beneficiaries survive me by 30 days
11. No beneficiary is required to survive me by any period specified by statutory provision (whether 30 days or any other period) in order to take a benefit under my Will, and this statement expresses a contrary intention for the purposes of statutory provisions which impose a general requirement that beneficiaries survive me for 30 days or any other period to inherit.
Gifts to executors / trustees not connected to the role of executor / trustee
12. Unless stated otherwise in relation to a particular gift in this Will, gifts in this Will to a person named as an executor and/or trustee are not dependent on the person acting as an executor and/or trustee and are not given to the person in connection with the role of executor and/or trustee.
My Trustee's powers
13. Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.
14. My Trustee may in my Trustee's discretion:
14.1 exercise any powers given to a trustee by law.;
14.2 exercise the powers of a trustee for sale in respect of the whole or any part of any property in my estate and my Trustee may:
(i) without being liable for any loss (including liability for taxation on capital gain) caused by doing so, postpone sale;
(ii) without being liable for any loss (including liability for taxation on capital gain) caused by doing so, retain in its form of investment at my death any part of my estate, even though it is wasting, hazardous or reversionary;
(iii) sell, by public auction or private sale on the terms they consider expedient, and for that purpose may extend credit;
14.3 determine whether receipts or outgoings are capital or income, or partly capital or income, so as to bind the beneficiaries, even though the receipts are from a company or corporation that has made a decision on the matter.
14.4 apply the whole or any part of the capital or income of any part of my estate to which a beneficiary is entitled or may become entitled for that beneficiary's maintenance, education, benefit or advancement and in respect to this power:
(i) may spend money directly for these purposes or pay it to any person my Trustee thinks fit or pay it to the beneficiary to spend. If my Trustee pays it to any person or to the beneficiary my Trustee must specify the purposes for which it must be used but will not be responsible if any person or the beneficiary does not follow my Trustee's direction;
(ii) I give the income from that part of my estate to which a beneficiary may become entitled to that beneficiary. This means the income will vest in the beneficiary at my death and the beneficiary will be entitled to call for the income upon reaching 18 years of age and being capable of giving a good discharge;
14.5 make loans to beneficiaries on any terms;
14.6 retain, acquire or lease property for occupation, use or employment by a beneficiary (including for use as a residence by the beneficiary, whether alone or with some other person or persons) including the power to purchase by lump sum or periodical payments the right to have accommodation provided to a beneficiary by any organisation that provides accommodation for elderly, retired, sick or incapacitated persons, with or without health care, hospitalisation and nursing or one or more of those services during the lifetime of the beneficiary and whether or not the amount or amounts paid will be recoverable on the beneficiary either ceasing to remain in the accommodation or on the beneficiary's death.
14.7 do any one or more of the following:
(i) concur in any scheme or arrangement involving or affecting the shares, securities, control, property or undertaking of;
(ii) vote in; or
(iii) apply for and accept directorship of any company or corporation in which my estate is or may become interested or concerned;
14.8 apply , accept or take up securities of any direction or denomination, bonus shares or other rights or benefits made available by a company or corporation in which my estate is or may become interested or concerned;
14.9 borrow money, with or without giving security, and enter into any mortgage, charge, bill of sale, lien or security over any part of my estate; and any money borrowed is to be treated as part of my estate or trust property, whichever applies;
14.10 lease any part of my property on terms which my Trustee thinks fit;
14.11 accept surrenders of leases or tenancies of my estate or any part of it;
14.12 maintain, repair, improve, develop, alter, renovate, pull down, erect or re-erect any part of my estate;
14.13 take out or maintain insurance policies including:
(i) insurance policy against risks affecting my estate;
(ii) life insurance policy of any person;
(iii) policy or contract of health or accident insurance or benefit of any person;
(iv) friendly society, trade union or association of employees benefit scheme of any person;
(v) superannuation or pension scheme in relation to any person; and
(vi) funeral benefit or payment scheme in relation to any person;
14.14 without the consent of any beneficiary, partition or appropriate any part of the property of my estate in or towards the satisfaction of a legacy or a share of any beneficiary. For the purpose of this power the value of such property shall be the value as determined by my Trustee in my Trustee's discretion.
14.15 In the absence of any specific direction elsewhere in my Will, if my Trustee disposes of or is deemed to have disposed of property from which income tax is to be paid, my Trustee may determine from which part of the estate income tax is to be paid and for that purpose my Trustee may determine what is capital and what is income, but I would prefer, if my Trustee considers it appropriate, the proceeds of such a disposal be use to pay such tax in the first instance;
14.16 identify, segregate into separate income accounts and allocate separately different sources and types of income, and record this in the books of the account;
14.17 carry on, either alone or in partnership with any person or persons, the whole or part of any trade or business in which I am engaged or interested at my death and for that purpose:
(i) may change the structure of the business, for example:
- form a company (or buy a shelf company) to take it over;
- enter into a partnership;
- vary a partnership;
- end a partnership;
(ii) may also settle any claim by or against my estate arising out of the business or any change to its structure;
(iii) may use any property in my estate in running the business even though I did not use it for that purpose;
(iv) if the non-business assets used by my Trustee in running the business belong to beneficiaries who are not entitled to the business profits they will be 'on loan' to the business and must be paid for by the business at a commercial rate;
(v) all my beneficiaries must abide by my Trustee's decision as to:
- whether a receipt of payment is capital or income;
- whether something is part of the business assets or not;
- what is a commercial rate of payment for the use of a non-business asset;
(vi) in the course of running the business:
- buy, lease or otherwise obtain any property on any terms;
- employ and dismiss staff including any who are beneficiaries;
- settle any legal claims either by or against the business;
(vii) may delegate any of these 3 powers to a manager employed to look after the day to day running of the business;
(viii) provided my Trustee acts honestly in using all these powers my Trustee will not be liable for any loss which results to the business or to my estate generally;
(ix) may use all these powers as my Trustee sees fit and I direct all my beneficiaries to abide by my Trustee's decisions;
(x) does not have to carry on any business just because my Trustee has the power to do so;
14.18 delegate a power or function, and execute a power of attorney or other instrument to make the delegation;
14.19 appoint and empower nominees to act and hold property for my Trustee; and appoint custodians of any property and documents (including documents relating to property) in my estate.
14.20 for any reason, set aside out of my estate a fund sufficient to meet all debts, charges and other liabilities of my estate. If, having discharged all such debts, charges and other liabilities a balance remains, that balance does not form part of the residue of my estate, but is to be distributed as if it were part of the residue.
Estate Liabilities
15. The term "estate liabilities" includes:
- my funeral expenses
- all debts I own when I die
- all expenses my Trustee incurs in administering the estate
- all charges my Trustee makes for doing the work.
Execution
Michael Keith Organ (signature)
Witnesses
We saw Michael Keith Organ sign this Will in the presence of us both present at the same time. We now attest and sign as witnesses in the presence of Michael Keith Organ and of each other.
M. Mandicos (Witness) / Lesley Moston (Witness)
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2. Power of Attorney of Michael Keith Organ
Enduring Power of Attorney
Principal - Michael Keith Organ
Attorney - Lara Anne Duggan
Substitute attorney - Andrew Michael Organ
[Refer signed documents for details, or the following website: Enduring Power of Attorney, NSW Government, accessed 4 March 2025.]
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3. Enduring Guardian
Person covered: Michael Keith Organ
Guardian: Lara Anne Duggan
Alternate guardian: Andrew Michael Organ
Functions
I authorise my enduring guardian/s to exercise the following functions:
(a) to decide where I live,
(b) to decide what health care I receive,
(c) to decide what other kinds of personal services I receive,
(d) to consent to the carrying out of medical or dental treatment on me (in accordance with Part 5 of the Guardianship Act 1987)
[Refer signed documents for details, or the following website: Enduring Guardian, NSW Government, accessed 4 March 2025.]
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4. Will Safe Deposit Declaration
The relevant original documents were deposited with the NSW Trustee & Guardian.
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5. Unisuper allocation
According to my Unisuper Non-lapsing binding death benefit nomination document, any monies remaining at the time of my death will be allocated as follows:
* Lara Anne Duggan (50%) NB: This is in lieu of 25% each to my daughters India Rhiannon Duggan and Emma Kate Organ
* Andrew Michael Organ (25%)
* Kyle Timothy Organ (25%)
[NB: This is at present (4 March 2025) at variance with the allocation in the aforementioned Will (Gifts - #4) dated 6 April 2021.]
[NB: Contact Unisuper to identify the process for accessing these funds following my death. MO 6.3.25]
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Last updated: 6 April 2021 (Will) ; 5 March 2025 (present blog)
Michael Organ, Australia
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