LAST WILL AND TESTAMENT OF L. RON HUBBARD
I, L. RON HUBBARD, also known as LAFAYETTE RON HUBBARD,a resident of the State of California, declare this to be my LAST WILL AND TESTAMENT and I revoke all Wills and Codicils to Wills that I have made prior to making this WILL.
FIRST: I declare that I am married; that my wife's name is MARY SUE HUBBARD and that any and all references in this Will to "my Wife" or to "my spouse" are to her. I further declare tht I have five (5) children now living, namely DIANA MEREDITH DEWOLF HUBBARD RYAN, MARY SUZETTE ROCHELLE HUBBARD, ARTHUR RONALD CONWAY HUBBARD, LAFAYETTE RONALD HUBBARD Jr., also known as L. RON HUBBARD Jr., also known as NIBS HUBBARD, also known as RONALD DeWOLF, and KATHERINE MAY HUBBARD GILLESPIE, all of whom are adults. I have one (1) deceased child, namely QUENTIN HUBBARD, who I believe died without issue. I further declare that I have no other children or issue of deceased children, either living or deceased. Any of the terms "my children" "children of mine" or "my child" as used in this Will shall be deemed to refer only to DIANA MEREDITH DEWOLF HUBBARD RYAN, MARY SUZETTE ROCHELLE HUBBARD, ARTHUR RONALD CONWAY HUBBARD, and KATHERINE MAY HUBBARD GILLESPIE, and shall not refer to LAFAYETTE RONALD HUBBARD Jr., also known as L. RON HUBBARD Jr., also known as NIBS HUBBARD, also known as RONALD DeWOLF, it being my intent that LAFAYETTE RONALD HUBBARD Jr., also known as L. RON HUBBARD Jr., also known as NIBS HUBBARD also known as RONALD DeWOLF,QUENTIN HUBBARD and their issue shall not be taken under my Will.
SECOND: I hereby direct that my body be cremated and the ashes buried at sea. I direct that my Personal Representative take all steps necessary to carry out the foregoing as soon as possible following my death. Under no circumstances shall my body lie in state or be subjected to an autopsy.
THIRD: It is my intention to dispose of all property, whether real, personal or mixed, of whatsoever kind and character, and wheresover situated, which I am entitled to dispose of by Will, specifically including, but not limited to the following:
(a) My entire right, title, and interest in and to my name, voice, signature, photograph, and likeness, together with any trademark and service marks composed of and/or utilizing same and all registrations and applications for registration of such trademarks and service marks.
(b) My entire right, title, and interest in the nineteen (19) year period of extended copyright protection and in all copyright rights provided thereby in all copyrightable works written or created by me and/or assigned to me prior to January 1, 1978, which nineteen (19) year period of extended copyright protection is created by Section 304 of Title 17, United States Code.
(c) My entire right, title, and interest in the right or ability to renew, or to file renewal claims for, all copyrights on or in all copyrightable works written or created by me and/or assigned to me prior to January 1, 1978.
(d) My entire right, title, and interest in all copyrights on or in all copyrightable works written or created by me and/or assigned to me on or after January 1, 1978.
(e) My entire right, title, and interest in all statutory and common law copyrights on or in all other copyrightable works written or created by me and/or assigned to me, regardless of when the works were written or created, including but not limited to copyrights on or in works covered by Section 303 of Title 17, United States Code.
(f) All property over which I may have power of appointment by Will.
FOURTH: To my dear friends on my personal staff, my aides, officers and the executives of organizations and my staunch friends on staffs and Scientologists I give my love and continued support and hopes for a better world.
FIFTH: I have this day previously established the AUTHOR'S FAMILY TRUST-B, by Agreement bearing the same date as this Will, of which I am the Trustor and NORMAN F. STARKEY is the Trustee. In that Trust Agreement I have provided for the payment of all my debts, expenses of last illness, succession and transfer taxes, and administration expenses arising from my estate. I have also provided therein for certain benefits for my wife. I hereby direct the Trustee of AUTHOR'S FAMILY TRUST-B to pay such debts and expenses from the assets of the trust, as such assets may be augmented by assets from my probate estate.
SIXTH: I give, devise and bequeath all of the rest, residue and remainder of my estate, whether real, personal or mixed and wheresoever situated, including all lapsed and failed gifts, and including, but not limited to the following:
(a) My entire right, title, and interest in and to my name, voice, signature, photograph, and likeness, together with any trademark and service marks composed of and/or utilizing same and all registrations and applications for registration of such trademarks and service marks.
(b) My entire right, title, and interest in the nineteen (19) year period of extended copyright protection and in all copyright rights provided thereby in all copyrightable works written or created by me and/or assigned to me prior to January 1, 1978, which nineteen (19) year period of extended copyright protection is created by Section 304 of Title 17, United States Code.
(c) My entire right, title, and interest in the right or ability to renew, or to file renewal claims for, all copyrights on or in all copyrightable works written or created by me and/or assigned to me prior to January 1, 1978.
(d) My entire right, title, and interest in all copyrights on or in all copyrightable works written or created by me and/or assigned to me on or after January 1, 1978.
(e) My entire right, title, and interest in all statutory and common law copyrights on or in all other copyrightable works written or created by me and/or assigned to me, regardless of when the works were written or created, including but not limited to copyrights on or in works covered by Section 303 of Title 17, United States Code.
(f) All property over which I may have power of appointment by Will.
to the then-acting Trustee, or Trustees, under the AUTHOR'S FAMILY TRUST-B, earlier established today by written agreement bearing the date of this WILL. I direct that the residue of my estate shall be added to and shall be held, administered and distributed as a part of said trust, according to the terms of said trust and any amendments thereto made prior to my death. It is my intent, if it be permissable, not to create a separate trust by this WILL. If for any reason said trust Agreement shall, as of th date of my death, be ineffective or not in existence, then I givem devise and bequeath all of the residue of my estate to the Trustee or Trustees, named in the Trust Agreement and who would be acting as Trustee, or as Trustees, thereof if the same were not ineffective or were in existence, IN TRUST, to hold, manage, distribute the same in accordance with the terms of said Trust Agreement, the terms of which I hereby incorporate into this, my WILL, by reference, as fully as if said Trust Agreement were set forth herein in its entirety.
SEVENTH: I declare that, except as otherwise provided in this WILL and in the Trust Agreement establishing the AUTHOR'S FAMILY TRUST-B, I have intentionally and with full knowledge omitted to provide herein for any of my heirs who may be living at the time of my death, including but not limited to LAFAYETTE RONALD HUBBARD Jr., also known as L. RON HUBBARD Jr., also known as NIBS HUBBARD, also known as RONALD DeWOLF, QUENTIN HUBBARD and all of the issue of such persons. Further, I have intentionally omitted to provide herein for ALEXIS HOLLISTER, who may pretend to be my heir, but in fact is not and has never been, my heir.
EIGHTH: If any devisee, legatee or beneficiary under this Will, or any legal heir of mine, or person claiming under any of them, shall contest this Will or attack or seek to impair or invalidate any of its provisions, or conspire with or voluntarily assist anyone attempting to do any of these things, in that event I specifically disinherit each such person and all legacies, bequests, devises and interests given under this Will to that person shall be forfeited and shall augment proportionately the shares of my estate going under this Will to or in trust for such of my devisees, legatees and beneficiaries as shall have not have participated in such acts or proceedings.
NINTH: I nominate and appoint NORMAN F. STARKEY Executor of this Will. Should NORMAN F. STARKEY be deceased or otherwise unable or unwilling to act as Executor, a successor Executor shall be selected from the following persons in the following priority:
1. Anne M. Broeker 2. David Miscavige 3. Terri G. Gamboa
An absolute condition for any person's commencing to serve as an Executor shall be that he or she be an ordained Minister of Scientology, in good standing. None of the foregoing individuals shall be required to furnish bond in any jurisdiction for acting as Executor of this Will or any Codicil to it. The terms Personal Representative, as used in this Will, shall be deemed to mean any person or persons appointed as Executor, Executrix or Co-Executors of this Will, or any Codicil to it, whenever the context requires.
In addition to those powers now or hereafter conferred by law, my Personal Representative shall have the power to sell, lease, mortgage or encumber by deed of trust the whole or any part of my estate at either public or private sale, with or without notice, but subject to such confirmation as may be required by law; and to hold, manage and operate any property or business belonging to my estate at the risk of my estate and not at the risk of my Personal Representative with any profits or losses therefrom to inure or be chargeable to my estate as a whole. My Personal Representative shall be authorized to invest surplus funds, but subject to such confirmation as may be required by law.
My Personal Representative shall continue to hold and operate any property or business received by him or her in the form of an entity in which such business was operated during my lifetime, or in such other form of entity as he may deem advisable. My Personal Representative shall pay all of my debts and/or liabilities in connection with the purchase or acquisition of interests in partnerships that I may hold at my death.
With respect to stocks and other securities held in the estate, to have all the rights, powers and privileges of an owner, including, but not by way of limitation the power to vote, give proxies and pay assessments and other sums deemed by the Executor necessary for the protection of the estate; to participate in voting trusts, pooling agreements, foreclosures, reorganization, consolidations, mergers and liquidatoins, sales and leases, and in connection therewith to deposit securities with and transfer title to any protective or other committee under such terms as the Executor may deem advisable; to exercise or sell stock subscription or conversion rights; to accept and retain as an investment any securities or other property received through the exercise of any of the forgoing powers, regardless of any limitations elsewhere in this instrument relative to investments by my Personal Representative. I further authorize my Personal Representative to invest and reinvest the principal and any undistributed income, and purchase or acquire therewith every kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, corporate obligations of every kind, stocks, preferred or common, shares of investment trusts, investment companies, and mutual funds, and mortgage participations, which men of prudence, discretion and intelligence acquire for their own account.
My Personal Representative shall have the power to determine whether any or all of the expenses of administration of my estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and whether any or all of such expenses shall be used as deductions for purposes of California Inheritance Tax or California State Income Tax. No legatee or devisee or beneficiary under this Will shall have any right to recoupment or restoration of any loss suffered as a result of the use by my estate of such deductions for one or the other of these purposes.
My Personal Representative shall have the power to file Joint Income Tax Returns with my surviving spouse, and in such event my Personal Representative shall not require any contribution from said surviving spouse of any oart of the income tax payable thereon, and to compromise, settle, and adhust claims and demands in favor of or against my estate; and my Personal Representative shall be authorized to consent, persuant to the provisions of the Internal Revenue Code of 1954, or any federal or state statute making substantially similar provisions for the division of taxable gifts between spouses, so that any gift made by me or my spouse prior to my death shall be considered as made one-half (1/2) by me and one-half (1/2) by my surviving spouse; and if such consent be given, to file proper returns accordingly and to pay from my estate any and all liability for gift tax, interest, and/or penalties upon any such gifts.
My Personal Representative may, in my Personal Representative's sole discretion, distribute, upon obtaining a partial or final order of distribution, any part of my estate (not specifically bequeathed) in kind (including undivided interests therein) in cash, or partly in cash and partly in kind, and the decision of my Personal Representative as to what constitutes a proper division of my estate shall be binding upon all beneficiaries.
TENTH: As used in this Will, the masculine, feminine or neutral gender, and the singular or plural number, shall each be deemed to include the other whenever the context so requires.
ELEVENTH: If any provision or provisions of this Will or any Codicil to it are finally determined to be invalid by a court of competent jurisdiction, the remaining provisions shall nevertheless be carried into effect.
IN WITNESS THEREOF, I have executed this Last Will and Testament this 23rd day of Jan. 1986, at Creston, Ca.
[THUMBPRINT] [SIGNATURE - L. RON HUBBARD]
The foregoing instrument, consisting of thirteen (13) pages, including the page signed by the Testator, being page nine (9) and including the page signed by the witnesses being page twelve (12), was on the date hereof signed by the said L. RON HUBBARD, subscribed, published and declared to be his Last Will and Testament, in the presence of us who, at his request and in his presence, and in the presence of each other, sign the name as witnesses thereto. Each of us observed the initialling of each page hereof by L. RON HUBBARD, the signing of this Will by L. RON HUBBARD and by each other subscribing witnesses and knows that each signature is the true signature of the person whose name was signed.
Each of us now is more than twenty-one (21) years of age and a competent witness and resides at the address set forth after such witness' name.
We are acquainted with L. RON HUBBARD. At this time, he is over the age of eighteen (18) years, and to the best of our knowledge he is of sound mind and is not acting under duress, menace, fraud, misrepresentation, or undue influence.
We declare under penalty of perjury that the foregoing is true and correct.
Executed on 23 January, 1986 at Creston, Ca.
[SIGNATURE - ANNE M. BROEKER] [SIGNATURE - PATRICK D. BROEKER] [SIGNATURE - STEPHEN J. PFAUFT] [SIGNATURE - RAYMOND MITHOFF]