Last Will And Testament Provision For Burial

A will or testament provides information about the transfer of property, ornaments or land, from the testator to his beneficiaries, after his death. Everyone, regardless of age, needs a will. Without a will people wouldn’t know to whom their assets would go. A will is a general term and is used as the instrument in a trust, while testament applies only to dispositions of personal property.

Besides mentioning, as to who would own the property, after the death of the testator, the last will and testament also provides details about, carrying out the burial of the testator. He appoints an executor, as his personal representative who takes over the responsibility of paying his left over debts, obligations as well as pays for his funeral expenses. However, the executor is not entitled to get any surety bond connected to the last testament.

A testator may mention in his last will, the name of a particular organization that would conduct the rites of his burial or transference. He may also put a clause, which specifies that, his body be sent without autopsy or embalming, to a funeral home designated by the organization. A copy of the last will is given to the funeral home by the organization, as it helps in preparing and facilitating the transportation of the body.

The last will and testament carries details about the testator’s wishes, including whether or not his body be enshrined or entombed at a chosen place after death. Since the rites of burial and transference can be very elaborate, detailed, thorough, and lengthy, the organization may incur an extensive cost to carry out the rites. In such a case, the testator can make pre-arrangements with the organization, by donating money that would assist them in carrying out his last wishes. The appointed executor is responsible to pay for the burial expenses in case the testator has not made such arrangements. The last will and testament provision for burial gives details of performing the final rites as per the wishes of the testator, soon after his death.

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10 Ways to Get a Shower on the Road

Hello travelers, people living out of a vehicle and other awesome folks, here are 10 Ways to Get a good Shower On The Road.

1) At a campground Campground showers vary from one place to the next. Some are excellent, some use solar power so you are out of luck if it’s after dark, and others are not heated at all. Water pressure is also a variable. Some have consistent water pressure while others will only get a weak stream when someone hops in the shower next to you or runs the sink. Campground showers can vary from deluxe with your own private changing room to just a primitive curtain or in rare instances, nothing at all. Some are well kept and impeccably clean and others you get to share with a few spiders and other mystery guests.

2) A community pool is another option. You may have to pay a few bucks to use the pool, but the showers are generally free. And hey, why not go swimming while you’re at it? They usually only accept cash and hours are limited.

3) Get a 5 gallon solar shower These are pretty cheap, usually less than $20 for a simple one, and can be quite useful when you’re roughing it. If you leave it in the sun for a few hours you’ll have a hot shower. If it’s not hot enough, a cup of near boiling water should do the trick. Just don’t burn yourself! If privacy is still a concern, for around $70 you can get a portable privacy shelter, such as the Texsport Deluxe Camp Shower/Shelter Combo. It works great for car camping.

4) The Solo 465 Stainless Steel Sprayer can be used as a medium pressure camp shower. Several people have commented they place it on a stove top burner and heat it up, then pressurize it and then it’s shower time. My friend tried this by pouring hot water into a 2 gallon plastic sprayer tank that he had and it made a great shower. It uses about 40 ounces per minute so that is a 6 minute shower using only two gallons. Another suggestion is to shower with Dawn Direct Foam soap instead of bar soap, then when it’s empty, you can refill it with your own scented soap and distilled water. The foaming soap lather won’t be affected by hard water. And it works for dishes too.

5) Get a day pass to a local fitness club. They usually run just $5 to $10, have really nice showers, and there is no excuse not to get a great workout while you’re at it!

6) Stop at a road house or large gas station such as Flying J, TA or Pilot, and other road trip stops with amenities for travelers and truckers alike. These tend to be some of the nicest showers you can get on the road as you get your own private bathroom with plenty of hot water and water pressure. Plus you get your own sink and toilet. Towels and soap are usually provided though you’re welcome to bring your own supplies. The cost is usually between $5 and $10 USD. If you’re traveling with your significant other, they’re usually willing to let you pay the one fee for a shared room. If you’re a little hard up for cash and feeling brave, you can also try asking a trucker if he or she has an extra shower coupon. Truckers often get free shower coupons when they buy gas and may have an extra to give away (or sell for a buck or two).

7) Visit a friend, relative or make a new acquaintance and ask to use their shower…sure, you might get a funny look, but what are friends for?

8) Try the “It Makes Sense Shower head.” You still need a water supply, but this device will help you save water. You can take a hot shower using very little water which is helpful when you’re on the road, so long as you don’t mind the chill in between the water spray. It has a chain to pull to adjust the flow of the water from a full spray to a trickle while you lather. It’s similar to a navy shower, and great for conserving water.

9) Zodi Hot Tap Single Burner Travel Shower runs off propane and 4 D batteries, so you can get a hot shower any time of day at the push of a button. It holds 4 gallons of water which is good for a 10 minute shower. Costs about $130

10) Hotels with swimming pools will sometimes let you use their pool for a small fee, and usually have public showers.

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Travel Masturbation: Rules of the Road

There’s nothing like a little travel to expand a person’s horizons. Of course, when traveling alone, many a man finds himself at one point or another alone in a hotel room and engaging in a nice bit of masturbation. It’s good for basic penis health, and can be an excellent way of releasing a little tension from travel-related obstacles, so there’s nothing wrong with it. But there are a few tips to keep in mind when masturbating while on the road.

1. Watch the porn channels. If traveling on business, remember that the company may not take kindly to the idea of paying for the visual entertainment one may pursue while masturbating. If taking advantage of some X-rated fare available on the television in the room, be sure any charges are on a private, rather than the company’s, credit card.

2. Be considerate. It can be nice for a guy to be someplace where nobody knows him, but that doesn’t mean he shouldn’t be considerate of other people in the hotel. It is fine to be a little more vocal while indulging in masturbation, but don’t let the moans and groans get so loud as to be overheard by the kiddies next door. And although exhibitionism can be fun among consenting adults, just because no one knows a guy doesn’t give him the right to pleasure himself with the curtains wide open.

3. Explore. There’s something about being alone in a hotel room that can make a guy feel more adventurous. If a man tends to be a little timid or set in his ways about masturbation, fondling oneself while away from home can be an opportunity to try new things. Consider a little anal play, masturbating with a different hand, using a different lubricant, varying the genre of pornography used, talking out loud or anything else that one is hesitant about at home.

4. Make use of men’s rooms. Traveling by airplane often entails a lot of waiting time – especially when a plane gets delayed for a couple of hours. Rather than fuming and getting angry, take matters in hand. See if there’s an empty stall in the men’s room and if there’s not a line of guys waiting, spend some time releasing tension in a fun and pleasurable way.

5. Be careful on the road. If traveling long distance by car, be careful if the urge to masturbate strikes. While many men do masturbate while driving, it is the very definition of a distraction, and can have serious consequences. It’s better to pull over to the side of the road or find a rest area with a men’s room and consider masturbating there instead. For those who do insist on keeping their hands on their penis instead of firmly on the wheel, slow down and try to do it on a road with little traffic.

A little travel and a little masturbation can go hand-in-hand – as can staying at home and masturbating. Wherever the masturbation occurs, regular use of a first class penis health crème (health professionals recommend Man1 Man Oil, which is clinically proven mild and safe for skin) can help keep the penis in good health and better prepared for pleasurable handling. Frequent or aggressive masturbation can make the penis skin rough and raw, so using a crème that includes both Shea butter (a high-end emollient) and vitamin E (a natural hydrator) is advised to add smoothness, moisture and suppleness back to the skin. It also helps if the crème contains acetyl L carnitine, a neuroprotective ingredient that protects against the peripheral nerve damage that can often accompany rough self-handling of the penis.

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Benefits of International Travel

International travel can be a great experience; it allows you to witness many new cultures and lifestyles. International travel has many benefits which make it better than your traditional domestic vacation. Depending on your destination, traveling abroad can also save you money because of the current exchange rate. These rates change and may not be available in the future. A good exchange rate or activity that you would like to see may not be available if you put off planning the vacation. Another benefit of planning an international trip today is the current technology, which makes booking a trip easy. Technology can help eliminate the hassle of finding the best prices and locations based on your budget.

Traveling, whether for a long weekend away to a nearby country, or clear across the globe, is invigorating, refreshing and expands so much in one’s life that it is something that more people should do. Traveling abroad can greatly change your life for the better because there are many cultures and lifestyles to experience. These cultures can provide you with an entirely new perspective on life. Once you begin experiencing the beauty of the world, you may even begin planning yearly international vacations.

Currency rates fluctuate regularly and, as stated before, this may be a good reason to plan an international vacation today. Money is necessary if you are planning to travel and see the sights the country has to offer. If your currency can be exchanged at a reasonable rate, this can greatly improve your vacation experience. This is an important reason for traveling internationally now since you can get the most out of your trip. If you put the trip off the exchange rate may change for the worse and you can lose money after arriving at your destination.

Practical reasons

However, let us get down to the more practical reasons for traveling internationally. Frankly, it is understandable why most people would be hesitant to travel now. The economy appears to be in bad shape and many people are trying to save money. However, in some instances, this can be beneficial for travel, the airlines may lower their prices in order to get your business and this can save you money. Airline prices also fluctuate between airlines and by looking around you may find a special promotional vacation package that may not be available in the future.

Vacations are meant to be fun and enjoyable and this is another reason for traveling abroad today. There are many locations to visit from the beaches of the Caribbean to the beautiful and exquisite city of Paris, France. Experiencing something new is always the best way to live and an international vacation provides just that. This can spice up your life by allowing you to find things that you would not normally consider trying.

In fact, these days traveling is so much easier, more efficient and less time consuming than it used to be. We can travel across the globe faster and it requires much less energy than was required years ago. It is also possible watch TV, movies or listening to music while traveling. On some airlines, you can even follow the path of your airplane via satellite!

Technology and travel

Due to the technology available, planning a vacation can be stress-free as well. By using the internet to purchase your international flight tickets, you can plan your trip, get travel advice, and shop around for great deals. Technology has come a long way especially for finding the best travel packages. You can book your hotel, car, flight, and even your entertainment all on one website. If you are unsure of your destination, you can browse through the millions of videos and pictures of different locations to find which location best suits you. Planning an international trip can be an enjoyable experience when compared to the hassle involved years ago.

It is highly recommended to travel abroad at least once in your life and there are many benefits to planning your trip now. Saving money is the main reason for planning your trip today. When traveling abroad, you may have to exchange your money for the local currency. Currency exchange rates change frequently and this can have a large impact on your vacation. Since you do not know what the rates are going to be in the future, it is best to plan your trip while a good rate is available. You should also consider planning a trip because of the cultural value. Experiencing new cultures and lifestyles can help provide much value to your life. It may even change your life completely because you may find something new that you like. If you are planning an international trip, you should consider these suggestions because they can help you get the most out of your trip.

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New York Life Insurance Company Career – New Personal Financial Representatives Doomed?

New York Life Insurance Company is large and successful. If you think life insurance professionals are easy, think again. If you think personal financial representatives are entry level careers, you are doomed. Want the true facts about life insurance careers and personal financial representatives? Read this article.

I remember that years ago 15% of the women entering life insurance careers were women. Today with some career life insurance companies like New York Life Insurance Company that figure is now approaching close to 50%. Moreover, in a business already flooded with far too many male and female life insurance agents, their recruiting figures are up. This is a marketing scheme. Change the name to possible applicants from life insurance agents to financial representatives and suddenly an image of prestige and easy money appears. However, ask yourself why the insurer's name is New York Life Insurance Company and not New York Financial Company. It is just a name game.

FACTUAL INFORMATION Recruiters of insurance agents or so called personal financial representatives have severely been able to increase their retention rate during the first year and a half of the new recruit's career. 10 years ago, 86% of newcomers left life insurance selling during their first 18 months, now that figure is 85% leaving, 15% remaining. After four full years of gaining experience, only 7% remain, and gender is not a factor.

Why does a highly responsive company like New York Life Insurance Company hire over 3,500 reps in 2008? Their figures show appointing around 3,200 in 2007, and expecting 2009 to produce 3,500 new financial representations to train. To me that adds up to 10,200 inexperienced reps in 3 years. Does anyone logically look at the numbers? This financially solid company founded in 1845 has a total agency force numbering slightly over 11,500. 90% of these are certainly not new financial representatives. The common interpretation of new hires retaining a lasting career is False . My analytical studies of New York Life Insurance Agents indicate slightly elevated retention than others. A similar insurance provider loses at least 70% of their first year agents.

New York Life Insurance Company still has poor retention rates. However, during the past 10 years they have implemented a strategy that few of their competitors have not been as successful at imitating. That strategic method means recruiting agents, "financial representives" with a keen emphasis on a wide diversity of cultural backgrounds. This is a rapidly expanding area underserved by agents possessing the same nationality and ability to speak the language. This strategy involves personal representation into Chinese, Korean, Vietnamese, India, Asian along with Hispanic and African-American and other cultural residents.

Even though New York Life Insurance Company enrolls excessive numbers of agents, to result with the skilled few, this is the same numbers game practiced by competitors. Actually, it is a profitable tradition for the insurance provider, as departing agents sacrifice 100% of premiums collected to the company. To the credit of New York Life Insurance Company is this distinction. For many years, they hold the preliminary recognition of having the most MDRT, million dollar roundtable members. This does not mean making anywhere near a million dollars. However MDRT selling principals and promotions are adjusted annually and consistently enforced to make sure qualifying is left to many of the best of the best.

A new agent is not a financial representative. This is where calling a new agent a financial representative or financial advisor, hurts all the truly experienced and knowledgeable professional personal financial representatives and planners. New York Life Insurance Company mentions on their website regarding new enrollments the opportunity to provide vital insurance protection and financial advice . Be honest here. An agent trainee is barely able to properly perform prospecting and life insurance sales effectively. This explains why industry turnover is so great. Selling life insurance to cover death expenses or pay off a mortgage is a far cry from providing the accurate financial advice of a professional. Likewise obtaining a variable contract license to sell investment products does not mean an agent has the ability to do so properly.

A true financial representative must be very qualified to give advice. This often means meeting semi-wealthy to wealthy prospects and advising them how to lay out their entitlement financial situation. The planning could involve rearranging hundreds of thousands of dollars of assets. Given the economics of the near past, even some of the best financial planners have been given the cold shoulder by clients seeing their wealth accumulation slashed in half. New York Life Insurance Company certainly has some of the best experienced financial representatives in the business. However, most of these pros average 10 years of continued education and specialization while attending various designs as proof of their abilities.

An agent trainee is in the wonder years. Just selling enough insurance to survive the critical beginning years is a challenge few can master. Taking agents living in a $ 45,000 income area environment and getting them in front of million dollar clients is really throwing them in the furnace to be burned. All salespeople have a comfort level of selling starting with prospects close to their own level. After sales skills and product knowledge, this level gradually increases. Few new agents comfortable with clients making $ 50,000 a year can quickly adapt to working in the $ 200,000 + yearly income bracket clientele. Ordinary middle class Americans do not need a financial representative, the service of a hard working life insurance agent will do fine.

Can a new financial representative make it? Although New York Life Company provides quality training, it can not guarantee success. My previous insurance career and 25 years as an insurance advisor analyzing mountains of agent data says NO . However if a rep already has most of the following qualities or characteristics I could have explained to say a 50/50 chance at best. You must enter the business in good financial condition, no loaded up credit cards, and hopefully a decent nest egg. If you have the ability to speak fluently a second language and are going to concentrate on your ethnic group that is a plus.

You must realize the average insurance agent earns around $ 25,000 annually in the early stages, so you have to view this career as a step building process. Very few insurance agents or financial representatives, percentage wise, earn $ 100,000, especially during their initial four years. While product knowledge and most selling skills are learned over time, other career makers must already exist. An extraordinary dose of never-ending determination to break the odds, backed up with phenomenal self-confidence, plus a lack of fear and rejection are required prerequisites. Add to this the ability to take everything you are initially taught as a grain of salt and then revise it to perfection.

Never are you in the business as a company representative, you are in business for yourself. Financial rewards only come to those that separate themselves quickly from the failing masses . IF you still really feel you have what it takes after reading this article , a New York Life Insurance Company Career could become a reality.

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The Importance of a Balance Sheet

An individual has two primary tools for managing personal finances. The Personal Balance Sheet is ignored and the Budget is the darling of Financial Consultants and the media. The key to understanding personal finances is that you have to understand your Budget and Balance Sheet individually and also how they work in combination to give you a complete snapshot of your personal finances.

Your balance sheet is extremely important because it shows you where the gold is. It is your personal Fort Knox. It is also extremely important because you need to have a stash of gold in your personal financial picture. The gold in your Balance Sheet is not the Assets. They are the positive side of your Balance Sheet but the real picture of how much gold you have in your Fort Knox is your Net Worth. So just as important to your Balance sheet is your Liabilities. The total of your Liabilities is subtracted from the total of your Assets to give you your Net Worth.

You fill out your Balance Sheet and total up your Assets and Liabilities. You subtract the total of your Liabilities from your Assets. That number, your Net Worth will come out to either a negative amount, an amount of or near zero, or it will be substantially positive. These are the only 3 scenarios possible.

• If your net worth is a minus number, you are not managing your financial resources properly. Your Balance sheet is your report card and you are failing. It is that simple. If you are managing your money to deal with life's challenges and planning your personal finances with your retirement in mind, your Net Worth should be positive and growing. If your net Worth is positive, you can ride out financial storms like the current situation. At the time of your retirement, your Net Worth must be substantially positive so that you will be able to keep costs down and have investment income to replace your working income. During your working years, your Net Worth should be growing steadily because a retirement nest egg does not grow without years of nurturing.

• There are circumstances where where it is acceptable to have a Net Worth of Zero or near Zero. The first is when you are just starting out. It just makes sense that it would be zero. You may have student loans but that is offset by some form of education that will allow you to make more money in the course of your lifetime. The key is that this is the best time to start building your net worth. It allows the principal of compounding value to work its magic on your assets for decades. That saves you a lot of work later in life. However, most of us are not that wise and we find ourselves in our 30s and 40s with little or no Net Worth. This means you have less time for compounding to work. So you have to work harder and especially manage your money smarter to prepare for the financial challenges you face going forward. The nice thing is that you have probably made some mistakes that have made you much wiser. You should be able to recover much faster than you would have in your undisciplined youth.

• If you have a positive net worth that means that you are building assets. Just as important is that you are controlling your debt. This is the key that has probably gotten you to this situation. The key to a positive Balance Sheet is that debt offsets the value of your assets when you look at your personal finances as a complete picture so your debt / equity ratio should be less than one and get smaller and smaller. Debt servicing saps cash flow on your budget that could have been used to build assets that can be used to produce income in your retirement years. Clear title ownership of assets such as your home reduce cash draw and this is incredibly important as you approach retirement.

The financial crisis we are in now is described as a Balance Sheet crisis. We are in this crisis because nobody was paying attention to their Balance Sheets, not even at the rising heights of our financial infrastructure. The symptoms were everywhere. While researching I found that the top sites on the internet for Balance Sheet are those who want to sell you something so that they can gain access to any assets on your balance sheet that might be left after this disaster. Before the disaster, the only thing that had any importance was whether a potential buyer of anything could afford to make the payments on whatever he was buying assuming he made 120% of his declared income. The most outrageous symptom was that people would take appreciating home equity and borrow against it to buy depreciating assets and consumer goods. They overbooked their budgets and now they have gutted their balance sheet.

The resulting loss of home values ​​is the disaster we have now where people have either a zero or minus Net Worth. The other aspect is that we are now wiser. For the good of our society and our financial infrastructure we had better be. Going forward we must pay attention to our Balance Sheets and recognize that is where the gold is. You must save and protect your gold. Net Worth is where financial power is and that is the Importance of a Balance Sheet.

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What Are the Factors to Consider When Buying Life Insurance?

As you are shopping around for insurance quotes and insurance companies, these are a few basic factors you need to consider before you make any decision.

1. HOW MUCH LIFE INSURANCE COVER DO YOU NEED?

Here is a quick guide if you are not doing this with a financial planning professional yet. For ease of calculation and explanation, we are not taking time value of money and inflation into consideration.

Financial Obligations

Take into account any financial obligation that needs to be paid off if premature death or unfortunate event such as total & permanent disability or critical illness should occur. Examples could be business or personal loans or debts to be repaid or mortgage loan repayments.

Financial Support

Is there anybody who is dependent on you for financial support? Maybe aged parents, spouse or children? If there is, you may want to plan for the financial support to continue should any unfortunate event happen. For example, you may be planning to provide for your aged parents or a young kid for the next 20 years with an annual sum of $20,000. You would need a sum assured of $400,000 should that sum of money be needed right now.

Financial Gift

Is there a lump sum of money you would like to provide if an unfortunate event should happen? Is there someone you would like to leave a financial gift for when you are not around anymore? Or maybe a charitable cause you would like to contribute to? If there is, be sure to take this into consideration in your calculation of how much insurance cover to buy.

Replacement of Income

This is the tricky one where you will read of many differing opinions. The reason why this question is not so straightforward to answer is that guesswork of your income growth rate is involved.

There are general (very general) rules of thumb for this though.

You need to know how many years you would like your income to be replaced for. For example, if you would like your income replacement to be for 10 years. You will need a $500,000 sum assured if you are earning $50,000 currently. That will enable you to withdraw $50,000 per year for 10 years.

Alternatively, some may suggest for you to have insurance cover of 20 times your annual income. If you have a cover of 20 times your annual income, an investment return of 5% from your insurance proceeds will be able to replace your current income perpetually.

2. HOW LONG DO YOU NEED THE INSURANCE COVER FOR?

Knowing how long you need the protection of insurance for will play a part in knowing what types of life insurance products may be suitable. Do you need the insurance cover for a specific number of years only such as for a specific loan payment period or do you prefer the insurance protection for the whole of your life?

3. WHAT IS YOUR BUDGET FOR INSURANCE PREMIUMS?

Knowing how much sum assured and how long you need the coverage for is one thing but your ability to pay the insurance premiums also need to be considered. For example, if you require a specific sum assured but your budget is limited, you may need to buy a term life insurance policy to get the required insurance cover even if you may prefer an insurance policy that can accumulate cash values.

4. WHAT TYPES OF INSURANCE POLICIES SHOULD YOU BUY?

There are different life insurance products to suit different financial needs and wants. Find one that is suitable for yours. There are mainly four types of life insurance products.

Term Insurance

For protection needs with no accumulation of cash value

Whole-Life Insurance

Mainly for protection needs with accumulation of cash value

Endowment Insurance

Mainly for savings needs with accumulation of cash value

Investment-Linked Insurance

Accumulation of cash value through investments. Whether it is for protection or investment needs depends on the specific policy.

The pointers listed above is catered to the Singapore market. They are meant for general information and discussion. It is not intended to provide any insurance or financial advice and you should always seek advice from a qualified adviser if in doubt.

Benjamin Ang has a Bachelor of Business Administration and holds the designation of Associate Financial Consultant (AFC) and Associate Estate Planning Practitioner (AEPP). He writes about wealth matters to share financial knowledge with the public and also writes regularly on living and experiencing all the wonderful things that life has to offer.

Find out more about him at http://www.benjamin-ang.com/

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Insurance Auto Auctions – Get Great Deals on Salvaged Cars and Trucks

Insurance auto auctions are a great way to get a great deal on salvaged cars and trucks. In fact, the company Insurance Auto Auctions is one of the most commonly used specialists in this area with auto auction locations throughout the United States. The company has been around since the early 1990s providing a variety of auto auction services for car owners, car buyers, and car sellers. If you are looking for a good way to get a car at a cheaper rate, insurance salvage deals are a great option!

Salvage vehicle auctions involve several elements – including a facilitation between buyer and seller as arranged by the Insurance Auto Auctions company. Although IAA is one of the more well known companies in this part of the automotive industry, many other companies exist with the same auto salvage specialty.

Automotive salvage occurs when an insurer considers a vehicle to be a "total loss" in insurance terminology. Essentially, this means that the vehicle is of no use to the insurance provider and the insurance carrier. When this happens, the salvaged vehicle can be sold or parted out. Many major insurance companies work with Insurance Auto Auctions, Inc. And similar companies. You will not be surprised to learn that Farmer's Insurance, and even GEICO are just some of the names on the IAA list of regular clients.

Percentage salvage auction sales are more common these days as such companies work hard to get a piece of the action! When a salvaged car is sold at rock-bottom prices, the insurance agency provider is very interested in obtaining rights to at least a small percentage of the insurance auto auction. Since this practice has become more common in recent years, more and more insurance agents and their representatives are seeking percentage shares with companies like Insurance Auto Auctions.

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Trusts and Certyty of Intention

This article looks at the requirements and formalities for a valid trust. In UK law, a trust is an arrangement involving three classes of people; A Settlor, Trustees and Beneficiaries. The Settlor is the person who transfers property to the Trust. The Trustees are people who legally own the Trust Property and administrator it for the Beneficiaries. The Trustee 'powers are determined by law and may be defined by a trust agreement. The Beneficiaries are the people for whom benefit the trust property is held, and may receive income or capital from the Trust.

"No particular form of expression is necessary for the creation of a trust, if on the whole it can be gathered that a trust was intended." This statement gives the impression that no formalities are needed, and could be misleading. Although equity generally does look to intent rather than form, mere intention in the mind of the property owner is not enough. For a valid trust to exist, the Settlor must have the capacity to create a trust. He must positively transfer the trust property to a third party trustee or declare himself trustee. Further, he must intend to create a trust, and must define the trust property and beneficies clearly. This is known as the 'three assurances'; Certificate of subject matter, certainty of objects and certainty of intent.

Certificate of intent refers to a specific intention by a person to create a trust arrangement wheree Trustee (which may include himself) hold property, not for their own benefit but for the benefit of another person.

It is clear when trusts are created in writing and on the advice of legal professionals that intention is present [Re Steele's Will Trusts 1948]. However, no particular form of words is needed for the creation of a trust and here the equivalent maxim, "Equity looks to intent rather than form", applies. It is therefore sometimes necessary for the Courts to examine the words used by the owner of the property, and what obligations if any the Owner intended to impose upon those receiving the Property.

It is not necessary that the Owner expresses calls the arrangement a trust, or declares himself a trustee. He must however by his conduct demonstrate this intent, and use words which are to the same effect [Richards v Delbridge 1874]. For example, in Paul v Constance 1977, Mr Constance did not express declare a trust for himself and his wife, but he did insure his wife that the money was "as much yours as mine". Additionally, their joint bingo winnings were paid into the account and withdrawals were considered as their joint money. The Court therefore found from Mr Constance's words and conduct that he intended a trust.

Certiety of intention is also known as certainty of words, although it has been suggested a trust may be infringed just from conduct. Looking at Re Kayford 1975 1All ER 604, Megarry J says of certainty of words, "the question is whether in substance a sufficient intention to create a trust has been identified". In this case, Kayford Ltd deposited customer's money into a separate bank account and this was held to be a "useful" indication of an intention to create a trust, although not definitive. There was held to be a trust on the basis of conversations between the Company's managing director, accountant and manager so words were necessary for the conclusion.

In contrast, where the word 'trust' is expressly used, this is not a comprehensive evidence of the existence of a trust – the arrangement may in fact institute something very different [Stamp Duties Comr (Queensland) v Jolliffe (1920)]. For example, the deed may contain words such as "On trust, with power to appoint my nephews in such shares as my Trustee, Wilfred, shall in his absolute discretion decide, and in default of appointment, to my friend George". Although professing to be a trust, Wilfred is not under an obligation to appoint the nephews and provision is made for the property to pass to George if he does not. This is therefore a power of appointment, not a trust [eg. Re Leek (deceased) Darwen v Leek and Others [1968] 1 All ER 793].

Sometimes in a will, the owner of Property will use 'precatory' words such as expressing a 'wish, hope, belief or desire' that the receiver of property will handle it a certain way. For example, in Re Adams and Kensington Vestry 1884, a husband cave all of his property to his wife, "in full confidence that she will do what is right as to the disposal between between my children …". The Court held that the wife may have been under a moral obligation to treat the Property a definite way but this was not sufficient to create a binding trust. Precatory words can still sometimes create a trust. In Comiskey v Bowring-Hanbury 1905, the words 'in full confidence' were again used, but the will also included further clauses, which were interpreted to create a trust. The Court will look at the whole of the document to ascertained the testator's intention, rather than dismissing the trust because of individual clauses.

There are further formalities required for certain types of trust property, and for a trust to be valid, title to the trust property must vest in the Trustee, or, the trust must be "constituted". This might be done for example, by delivery for chattels or by deed for land. If the trust is not properly constituted, the proposed beneficaries have no right to compel the Settlor to properly transfer the Property, as 'equity will not assist a volunteer'. The exception to this is where the beneficiary has provided consideration (including marriage) for the Settlor's promise, in which case, there would be a valid contract and the Beneficiary could sue for breach.

Where a testamentary trust of land or personalty is purported, the will in which it is contained must be in writing and executed in accordance with Section 9 of the Wills Act 1837, which means the Will must be signed by the Testator in the joint presence of Two witnesses, and then signed by the two witnesses in the presence of the Testator.

Where a Settlor wants to create an inter vivos trust of personalty, the formalities are minimal. Under the usual requirements for a trust (capacity, the three responsibilities etc), the Settlor must observe any formalities required to properly transfer the Property to the trustees – for example, the execution and delivery of a stock transfer form for shares.

To create an inter vivos trust of land or of an equitable interest in land, in addition to the formalities of transferring the land, the declaration of trust must be in writing and must be signed by the person able to create the trust – ie, the Settlor or his attorney [S.53 (1) (b) Law Property Act 1925]. Where this formality is not accepted, the Trustee would hold the land on trust for the Settlor rather than the Beneficiary. The exception is where the rule in Strong v Bird 1874 applies – the Settlor intended to make an immediate unconditional transfer to the Trustee, the intention to do this was unchanged until the Settlor's death, and at least one of the Trustee is the Settlor's administrator or Executor. In this case, as the property is automatically vested in the Settlor's personal representatives and the trust is constituted.

It is sometimes stated that no particular form of expression is necessary to create a trust if intention was present. Clearly this is not the case. There are formalities for creating inter vivos land trusts and testamentary trusts and if these are not followed, the trust will fail without consideration has been provided or the rule in Strong v Bird 1874 applies, even if the Trustee had the best intentions. Further, the form of words used in those formalities must be clear and unambiguous, or they may not amount to a trust. He goes on to say that 'a trust may be created without using the word "trust"' and this is true in that other words and conduct to that effect are sufficient. However, the Court does not just regard the 'substance' of the words. If the word used does not meet the 'three assurances' or, for example, the person making the declaration does not have the capacity to make a trust, the trust will fail. This is clearly not the desired 'effect' and not the owner's intention.

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Books Set in Australia – Five Novels to Read Before You Travel

A trip to Australia is one that offers endless variety – you could spend your time partying in Sydney, you could make an adventurous journey to the Outback, or you could wallow in the many wineries on offer in several Australian states. Australia is a big country and unless you have months to spend there, you are going to have to make some decisions on how best to spend you time. To help you do that, here are some books set in Australia – five novels depicting different aspects of Australian life and history.

'The Secret River' by Kate Grenville

A story of Australia's beginnings, William Thornbill and his wife Sal are sent from London to the fledgling colony of New South Wales in the early 1800's. After some time in Sydney (very different from the Sydney of today!) They decide to try their luck on some land Will has set his eye on along the Hawkesbury River. The challenges they face from their environment, the local Aborigines and fellow settlers reminds us of how harsh the country was for those who decided to make it their home. There are some magnificent descriptions of the landscape as seen by an outsider, and the books gives a 'warts and all' look at the impact of settlement on Australia's indigenous peoples.

'A Town Like Alice' by Neville Shute

While the first part of this novel is set in the Malayan jungle during WWII, what follows is a story that brings you to rugged, country Australia. If you want to know what life was like in a small outback town (more of a hamlet really) in the 1940's and 50's then this novel gives you a good idea. You are subject to the harshness of the landscape and the incredible distinctions involved, as Englishwoman Jean Paget travels to the heart of Australia to find a man she met whilst captured by the Japanese in Malaya. The language and attitudes, particularly in relation to Australia's Aborigines, are true to their time and should be taken as such. But it gives a good indication of the realities of life in rural Australia, something which is still a strong cultural impact on Australians today.

'Breath' by Tim Winton

From the desert to the sea now in this novel by one of Australia's most respected writers. This novel is set in Australia's south-west corner, at a time when the area was more of a home for the logging industry than for the tourists and vineyards of today. Set mainly in the 70's, this is a coming-of-age story about teenager Bruce as he seeks to overcome the boredom of country life with some high risk activities – like surfing off what can be a dangerous and deadly coastline, and developing a Dark friendship with an older woman. As Bruce begins to grow up, both emotionally and sexually, we are grateful to some of the most poetic and exhilarating descriptions you will ever find of the 'religion' that is surfing. And you too, will feel as if you have explored the rugged and beautiful coastline of this part of the country.

'Bad Debts' by Peter Temple

Peter Temple is one of Australia's leading crime writers, and this novel is our introduction to his hero Jack Irish. – an inner-city Melbourne solicitor with a love of Australian Rules Football, gambling, and part time cabinet-making. This is Melbourne in winter, complete with its rain, pubs and shady underworld. Irish has barely been sober for a number of years after one of his dodgy clients murdered his wife, and now Danny, another former client, needs his help. But when Danny is killed, Irish discovers there are plenty of the city's political elite who would like the past to remain undisturbed, and he is determined to get to the truth. Temple's novels may not give you 'sun and sand', but you will be treated to as much genuine Australian vocabulary and city sub-culture as you can handle.

'Summerland' by Malcolm Knox

And finally to Sydney, and a novel that explores the life of the city's idle rich. Four young Sydneysiders have been friends since they were teenagers, and living around the city's northern beaches they have the world at their feet. They form two couples and spend every Christmas at Palm Beach, a popular holiday location for the affluent. But despite all this, their friendship is based on lies, as Richard finds out when he learns of the long-running affair between his wife and his best friend. If you'd like an insight into a live of the privileged few in Sydney, then this novel will take you there.

These novels are just a taste of many books set in Australia, but they are well worth reading in the lead-up to your travels or on the plane. Immersing yourself in a novel about the place you are going to will not only give you an insight into the place itself, but it will whet your appetite for your travels ahead, making it far more enjoyable once you get there.

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