The Trust

Background

In August 2013, Tony Meade, a family friend, organised a charity golf day to raise funds for Paige Robard-Brown – an 11 year old girl suffering from Complex Regional Pain Syndrome. Although he did his best to describe this condition it was only in meeting Paige that we became aware of the consequences of this terrible affliction.

A group of friends resolved to do more to help Paige by creating a trust fund. This was formally established in September 2013. Our intent was to help Paige by creating a campaign on social media to raise funds on her behalf.

Paige had other ideas. Her passion is to do all she can to help fellow sufferers. She made it clear she wanted to become the face and voice of CRPS.

Purpose of the Trust

The main purpose of the trust is to assist Paige in her extraordinary vision and sense of purpose. This includes supporting Paige with her mobility and wellbeing. As well as to encourage her commitment to raising awareness, supporting others and contributing to CRPS research.

She will need help. Her education suffers because she misses so many days at school. She needs more physical therapy than the NHS can provide. She needs help with mobility. But for her, this is all because it will help her help others.

She intends to donate a % to CRPS research. The trustees are currently working with Paige on how to make this happen.

Structure of the Trust

The trust has been set up as a legal entity with 2 trustees, Melissa Cannon, a JP and John Harper, a Chartered Accountant.

The Trust’s future

Paige’s courage and selflessness has transformed our original intent for the trust. We want to help her achieve her vision to help other sufferers by raising awareness about CRPS. It is thought that only one in five GP’s even know of the condition and, as a result, many sufferers go undiagnosed.

What has happened so far

Paige has now appeared in her local press and national television through Channel 4 News. You can see her on http://www.channel4.com/news/crps-paige-regional-pain-syndrome-paige and see the influence she is having on fellow sufferers.

She has received messages from as far afield as Australia sharing how her courage has strengthened and inspired others with CRPS.

To support her in her purpose and vision we need two things. Share the links to both the website www.forpaige-crps.org and we need to raise funds to support her campaign.

Hit the donate button and you will have the opportunity to make a single donation or set up a direct debit to make a small monthly contribution. Just £5 a month will make an enormous difference.

Thank You 

Trust Documents

THIS SETTLEMENT is made the                          day of

BETWEEN:

(1)                NICOLA RODBARD-BROWN of ████████ ████████ ████████ (‘the Settlor’) and

(2)                MELISSA JANE KINGSTON CANNON JP … and JOHN BERNARD HARPER  (‘the Original Trustees’)

WHEREAS

The Settlor wishes to make the settlement set out below and has paid or transferred into the joint names of or placed under the joint control of the Original Trustees the assets described in schedule 1 to be held upon and with and subject to the following trusts powers and provisions

NOW THIS DEED WITNESSES as follows:

1                   Definitions and interpretation

In this settlement the following expressions have where the context permits the following meanings:

1.1                ’the Discretionary Beneficiaries’ means:

1.1.1            any spouse or surviving spouse (whether present or future) whether or not remarried of the Principal Beneficiary

1.1.2            the children and remoter issue of the Principal Beneficiary and

1.1.3            the spouses (whether present or future) widows or widowers (whether or not remarried) of the persons specified in clause 1.1.2 above and

1.1.4          NUFFIELD ORTHOPAEDIC CENTRE CHARITY (rcn 1006509) of Nuffield Orthopaedic Centre  NHS Trust  Headington  Oxford OX3 7LD

1.1.5          any UK Registered Charity or Charities to be determined at the Trustees’ absolute discretion from time to time

1.2                ’interest in possession’ means an interest in possession within the meaning of subsection (1)(a) of Section 89

1.3                ’the Principal Beneficiary’ means PAIGE RODBARD-BROWN of ████████ ████████ ████████ ████████

1.4                ’Section 89′ means Section 89 of the Inheritance Tax Act 1984 as amended

1.5                ’spouse’ shall include a civil partner4 registered under the Civil Partnership Act 2004 and ‘widow’ and ‘widower’ and ‘remarried’ shall be construed accordingly

1.6                ’the Trust Fund’ means the assets described in schedule 1 all assets at any time added to it by way of further settlement (whether by the Settlor or any other person) accumulation of income capital accretion or otherwise and all property from time to time representing the same

1.7                ’the Trust Period’ means the period of 125 years from the date of this deed

1.8                ’the Trustees’ means the Original Trustees or other the trustees or trustee for the time being of this settlement and ‘Trustee’ means each and any of the Trustees

2                   Beneficial trusts during the lifetime of the Principal Beneficiary

2.1                During the lifetime of the Principal Beneficiary the Trustees may from time to time pay or apply the income of the Trust Fund to or for the benefit of the Principal Beneficiary PROVIDED that:

2.1.1             such payment or application shall from time to time be made in such manner and upon such terms and conditions (if any) as the Trustees in their discretion shall from time to time think proper

2.1.2             the Trustees shall accumulate the whole or any part of the income of the Trust Fund that is not paid out under clause 2.1.1 by investing the same and the resulting income of it in any investments by this settlement authorised and adding the accumulations to the capital of the Trust Fund

2.2                The Trustees shall have power in their absolute discretion to pay transfer or apply in any manner to or for the benefit of the Principal Beneficiary the whole or any part or parts of the capital of the Trust Fund

3                   Beneficial trusts after the death of the Principal Beneficiary

3.1                After the death of the Principal Beneficiary the Trust Fund and the income of it shall be held in trust for all or any one or more exclusively of the other or others of the Discretionary Beneficiaries at such ages or times and if more than one in such shares and with such provisions for their maintenance advancement and benefit generally (including discretionary trusts powers or provisions) as the Trustees (being at least 2 in number or a trust corporation) shall (due regard being paid to the law concerning remoteness) by deed or deeds revocable or irrevocable made before the end of the Trust Period appoint and in default of and subject to any and every such appointment upon trust for such of the children of the Principal Beneficiary as attain the age of 21 years and if more than one in equal shares absolutely

3.2                Subject thereto the Trustees may during the Trust Period pay or apply the income of the Trust Fund to or for the benefit of all or any one or more exclusively of the other or others of the Discretionary Beneficiaries for the time being in existence

3.3                Notwithstanding and in derogation of the trusts powers and provisions set out in clauses 3.1 and 3.2 (but without prejudice to any prior application of the Trust Fund or the income of it) the Trustees (being at least 2 in number or a trust corporation) shall at any time or times after the death of the Principal Beneficiary have power during the Trust Period in their absolute discretion to pay transfer or apply in any manner to or for the benefit of any one or more of the Discretionary Beneficiaries the whole or any part or parts of the capital of the Trust Fund

3.4            Subject to all the trusts powers and provisions of this settlement and if and so far as (for any reason whatever) not wholly disposed of by it the Trust Fund and the income of it shall be held upon trust for NUFFIELD ORTHOPAEDIC CENTRE CHARITY aforesaid

4                   Administrative powers

The Trustees shall during the Trust Period and during such further period (if any) as the law may allow have the additional powers set out in schedule 2

5               Protection of trustees

In the professed execution of the trusts and powers of this settlement no Trustee shall be liable for any loss to the Trust Fund arising by reason of any improper investment made in good faith or for the negligence or fraud of any agent employed by him or it or by any other Trustee although the employment of such agent was not strictly necessary or expedient or by reason of any mistake or omission made in good faith by the Trustee or by reason of any other matter or thing except wilful fraud or dishonesty on the part of the Trustee who is sought to be made so liable

6                   Appointment of new trustees

6.1                The statutory power of appointing a new trustee or trustees or additional trustee or trustees as modified below shall apply to this settlement and shall be exercisable by the Settlor during the life of the Settlor and thereafter by the Trustees

6.2                Except where the Trustees include or comprise a trust corporation there shall never be less than 2 Trustees but so that any sole Trustee may act while being such sole Trustee for the purpose of appointing a new Trustee or Trustees but (unless a trust corporation) for no other purpose

6.3                The statutory power of appointing a new trustee or trustees or additional trustee or trustees shall be modified as follows:

6.3.1             any person or persons may be appointed as Trustee or Trustees notwithstanding that such person or persons may be resident domiciled carrying on business or (if a body corporate) incorporated outside the United Kingdom and the receipt of such person or persons for the whole or such part or parts of the Trust Fund as may be paid or transferred to such person or persons pursuant to such appointment shall be a complete discharge to any other Trustee or Trustees accordingly

6.3.2             the statutory power of appointing a new trustee or trustees shall not be exercisable by reason only that a Trustee remains out of the United Kingdom for more than 12 months

6.3.3             the statutory power of appointing an additional trustee or trustees shall be exercisable notwithstanding that one of the Trustees for the time being is a trust corporation

6.4                Any corporate body may at any time be appointed either as a general trustee or as custodian trustee of this settlement on such terms and conditions as to remuneration (payable out of income or capital) and otherwise in all respects as the person or persons making the appointment shall prescribe or approve and may act by its proper officers in the discharge of its duties as such trustee and in the exercise of the powers and discretions conferred by this settlement or by law

7                   Trustees’ charges and remuneration

The Trustees may employ any of their number (other than the Settlor or any spouse of the Settlor) who may be engaged in any profession or business and any of the Trustees so engaged may charge and be paid all professional or other reasonable costs and proper charges for any business done or services rendered or time spent by him or his firm in connection with the trusts powers or provisions of the settlement whether or not within the usual scope of his profession or business and although not of a nature requiring the employment of a professional or business person

8                   Exclusion of the Settlor and spouse from benefit

Notwithstanding anything above contained or implied none of the powers authorities or discretions by this settlement or by law conferred on the Trustees or on any other persons shall at any time or in any circumstances whatsoever be exercisable in any manner which may benefit the Settlor or any spouse of the Settlor and no part of the capital or income of the Trust Fund shall at any time or in any circumstances whatsoever be lent to paid to or transferred to or applied for the benefit of the Settlor or any spouse of the Settlor

9               Clause headings

The headings to the clauses of this settlement are for the purposes of information only and are not part of and shall not be used in the construction of this settlement or any part of it

IN WITNESS etc

 

SCHEDULE 1

 

Assets

 

The sum of Five Pounds (£5 in cash)

 

SCHEDULE 2

 

Administrative Powers

 

 

1                   Application of money requiring investment

Power as regards any money for the time being subject to the provisions of this settlement and requiring investment to invest or lay out the same in the purchase or otherwise in the acquisition of or at interest upon the security of any shares stocks funds securities policies of insurance or other investments or property (movable or immovable) of whatever nature and wherever situated and whether or not productive of income and whether involving liability or not or upon such personal credit with or without security in all respects as the Trustees shall in their discretion think fit to the intent that the Trustees shall have the same full and unrestricted powers of investing and transposing investments and dealing with trust money and buying or selling property in all respects as if they were absolutely entitled beneficially and so that the acquisition with trust money of property with a view to its enjoyment in kind by the Principal Beneficiary or (after his death) by a Discretionary Beneficiary or Discretionary Beneficiaries in accordance with the provisions of paragraph 22 below shall for the purpose of this settlement be deemed to be an investment of trust money

2                   Retention of assets

Power to accept or acquire and retain any assets subject or to be subject to the trusts declared by this settlement (including any uninvested money) in their actual state and condition for any period even although the whole or a substantial part of the assets so subject may be producing no or little income or may consist of shares or securities of a single company

3                   Transposition of investments

Power at any time or times to sell or convert or call in any investments or other property for the time being comprised in the Trust Fund or to transpose or convert the same into any other investments or property the acquisition of which with money subject to this settlement is by this settlement authorised

4                   Improvements to land

Power at any time or times to apply any money subject to the trusts of this settlement in making improvements to or otherwise developing or using any land or buildings or in erecting enlarging repairing decorating making alterations to or improvements in or pulling down and rebuilding any buildings which shall be subject to the same trusts

5                   Leases and mortgaging

Power to lease let license mortgage and charge and to grant tenancies and licences and to accept surrenders of leases tenancies and licences and to enter into and carry into effect any grants agreements or arrangements whatever of or relating to and generally to manage and deal with any land or buildings which shall for the time being be subject to any trusts of this settlement in all respects as if the Trustees were an absolute beneficial owner of such land or buildings and so that no mortgagee or chargee or intending mortgagee or chargee dealing with the Trustees in regard to any such land or buildings shall be concerned to see for what purpose any money is raised or as to the application of such money PROVIDED that nothing in this paragraph shall affect or restrict any power conferred on the Trustees in respect of land situated in England and Wales or elsewhere in the United Kingdom by the Trusts of Land and Appointment of Trustees Act 1996 Section 6(1) or the Trustee Act 2000 Section 8(3)

6                   Hiring of chattels

Power to hire out or lend or bail any movable chattels for any period or periods and for any consideration whatever

7                   Mortgaging of chattels etc

In relation to any property other than land and buildings the like powers of mortgaging charging and entering into and carrying into effect any agreements or arrangements whatever as are given by paragraph 5 above in regard to land and buildings

8                   Borrowing

Power to borrow or raise money for the purposes of mere investment or for acquiring any property either without security or on the security of the whole or part of the Trust Fund and any property so acquired

9                   Guarantees

Without prejudice to the generality of paragraphs 5 and 7 of this schedule power to effect any mortgage or charge under those paragraphs as collateral security for or to guarantee money payable in respect of any loan to a Discretionary Beneficiary or Discretionary Beneficiaries upon such terms in all respects as the Trustees shall in their absolute discretion think fit PROVIDED that this power shall not be exercised except in conformity with the beneficial trusts for the time being governing the Trust Fund (or the part of it affected by such mortgage charge or guarantee) and the income from it

10                 Arbitration

Power to refer to arbitration or to the determination of any expert:

10.1              the amount of the money to be received or paid on any sale or purchase or exchange

10.2              the amount of the rent or other payment to be reserved by any lease tenancy agreement or licence in respect of the whole or any part of the term or currency of such lease tenancy agreement or licence and the covenants and provisions to be contained in any such lease tenancy agreement or licence

10.3              the terms for the surrender or other termination of any lease tenancy agreement or licence and

10.4              all disputes between any tenant or licensee and the reversioner or licensor

11                 Appropriation

Power from time to time to set such a value upon any investments or other property forming part of the Trust Fund as the Trustees shall think fit and to appropriate if they shall think fit any such investments or property at such value in or towards satisfaction of any share or interest under the trusts affecting the same

12                 Valuation

Power at any time or times to have any assets valued for any purpose in such manner as the Trustees shall in their discretion think fit

13                 Promotion of companies

Power to promote or form or join in promoting or forming any company or corporation for the purpose of acquiring or taking on lease or hire for any estate or interest all or any of the assets which are held on the trusts of this settlement or for any other purpose whatever connected with any assets which are subject or are to become subject to any of those trusts

14                 Subscription for shares etc

Power to subscribe for all or any of the shares debentures or other securities of any such company or corporation as is mentioned in paragraph 13 above

15                 Sales etc for paper consideration

Power to sell transfer let or hire out for any estate or interest any assets which are subject to any of the trusts of this settlement in consideration of the issue or transfer to the Trustees or their nominees of any stock shares debentures or other securities

16                 Rights attached to investments

Power to exercise or refrain from exercising (either themselves or by proxy) the rights attached to any investments subject to any of the trusts of this settlement in any manner whatever and in particular (without prejudice to the generality of the above) to wind up or dissolve or join in winding up or dissolving any company or corporation and to alter or join in altering any of those rights or any rights attached to any other investments or property

17                 Power to carry on a business

Power upon or in any land and buildings which are held upon any of the trusts of this settlement to carry on the business (whether alone or in partnership with any other person) of farming forestry fruit growing or market gardening or any other business of an agricultural horticultural or aboricultural nature or of any other nature and to employ in it all or any part or parts of any assets subject to the same trusts and to finance such business out of those trust assets with full power to engage remunerate and dismiss any managers bailiffs servants and agents and to appoint regulate and change their respective duties

18                 Nominees

18.1          Power to put or leave any shares stocks securities insurance policies or other property whatever (including money) in the name or names of any nominee or nominees for the Trustees and to put or leave any movable chattels for safe keeping in the possession or custody of any person or persons without being responsible for any loss or damage and on such terms and subject to such conditions including remuneration of any such nominee or custodian (other than the Settlor or any spouse of the Settlor) as the Trustees shall think fit and so that any such nominees or custodians may be or include any one or more of the Trustees

18.2          The Trustee Act 2000 Sections 16 and 17 shall not apply to this deed

18.3          The provisions of the Trustee Act 2000 Section 22 shall not apply to any nominee or custodian appointed by the Trustees pursuant to this power

19                 Insurance

19.1              Power to effect maintain and deal with any insurance or insurances upon the life of any person PROVIDED that the Trustees may pay all premiums and other costs relating to such insurance out of the income or the capital of the Trust Fund

19.2              The Trustees shall have in respect of any policy or policies entered into under the above power all the powers of an absolute owner including the power to surrender convert or otherwise deal with any such policy or policies or any bonuses attaching to them or part of them in such manner as the Trustees shall consider most beneficial to the persons beneficially interested under these trusts

20                 Maintenance etc of chattels

Power to maintain repair improve and alter any movable chattels and to take such steps as they may consider proper for the preservation of any movable chattels or other assets subject to any trusts of this settlement

21                 Delegation

21.1          Power to delegate all or any of the powers of the Trustees contained in this schedule (including this power) and any administrative power conferred by law (and all or any of the duties and discretions of the Trustees relating to the exercise of such powers) to any person or persons (not being the Settlor or any spouse of the Settlor) subject to such conditions (if any) and upon such terms (including the remuneration of any such delegate and so that in the case of a delegation to two or more persons such delegates may be authorised to act jointly and severally) as the Trustees shall think fit (without being liable for the acts or defaults of any such delegate) and to revoke or modify any such delegation or conditions or terms

21.2          The Trustee Act 2000 Section 11 shall not apply to this deed

21.3          The provisions of the Trustee Act 2000 Section 22 shall not apply to any delegate or agent appointed by the Trustees pursuant to the foregoing power

22                 Use of property in kind

Power (subject as provided below) to permit the Principal Beneficiary a Discretionary Beneficiary or Discretionary Beneficiaries (either alone or concurrently or successively) to occupy use or enjoy personally any movable or immovable property which may for the time being be comprised in the Trust Fund upon any terms or conditions whatever which the Trustees may think fit PROVIDED that this power shall not be exercised except in conformity with the beneficial trusts powers and provisions for the time being governing the Trust Fund (or the part of it in which such movable or immovable property is so comprised) and the income from it

23                 Loans to the Principal Beneficiary and Discretionary Beneficiaries

Power (subject as provided below) to lend any money with or without security to the Principal Beneficiary during his lifetime and thereafter to a Discretionary Beneficiary or Discretionary Beneficiaries with or without payment of interest and upon such terms as to repayment and otherwise in such manner in all respects as the Trustees shall in their absolute discretion think fit PROVIDED that this power shall not be exercised except in conformity with the beneficial trusts powers and provisions for the time being governing the Trust Fund (or the part of it from which such loan is to be made) and the income from it

24                 Transactions with other trustees

Power from time to time in their absolute discretion to enter into any agreement or transaction with the trustee or trustees of any other settlement or will (being an agreement or transaction which apart from this present provision the Trustees could properly have entered into if one or more of them had not also been a trustee of such other settlement or will) notwithstanding that the Trustees or one or more of them may also be trustees or a trustee or the sole trustee of such other settlement or will and in like manner in all respects as if none of the Trustees were a trustee of such other settlement or will

25                 Power to sign cheques

Power to permit any one or more of the Trustees to sign cheques on any bank account in the names of the Trustees and generally to sign orders and authorities to any bank on behalf of the Trustees  

26                 Additions

Power (if the Trustees think fit) to accept any assets which may be transferred or otherwise given to the Trustees as an addition to the capital of the Trust Fund on terms that any inheritance tax that is payable in consequence of such transfer or gift shall be payable out of and borne by the Trust Fund and not by the transferor or donor personally and also power (if the Trustees think fit) to pay any capital transfer tax or inheritance tax that may from time to time be levied on the Trust Fund or any part of it notwithstanding that some other person or persons may also be liable to pay such tax

27                 Receipts

27.1              Where the Trustees are authorised or required to pay or apply any capital money or income to or for the benefit of any person who does not have the capacity to give a valid receipt for it the Trustees may pay the same to any parent or guardian of such person for the benefit of such person without seeing to the application of it or themselves apply the same for the benefit of such person as may be directed in writing by such parent or guardian and the receipt of such parent or guardian shall be a sufficient discharge to the Trustees

27.2              The receipt of the person professing to be the treasurer or other proper officer of any charity to which any capital or income may be payable or transferable under this settlement shall be a sufficient discharge to the Trustees

28                 Incidental costs

Power to pay out of the Trust Fund the costs of and incidental to the preparation and completion of this settlement (including any stamp duty payable on it)

Signed as a deed by the

said NICOLA RODBARD-BROWN

in the presence of:

witness

signature

name

address

occupation

 

Signed as a deed by the

said MELISSA JANE KINGSTON

CANNON JP in the presence of:

witness

signature

name

address

occupation

 

Signed as a deed by the

said JOHN BERNARD HARPER

in the presence of:

witness

signature

name

address

occupation