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Please complete each question and return this instruction sheet to us so that we may prepare your draft Will. Should you have any questions, please do not hesitate to contact this office.
Please advise whether you wish to make this Will in contemplation of your upcoming marriage. Your marriage will revoke this Will unless your Will is made in contemplation of that marriage. In addition, your Will would also be affected by a subsequent Divorce and we can advise you in this regard.
This is the person/people who will administer your will after you have died. You can choose just one e.g. Your Partner, or any number or combination of people e.g. Your parents, children or siblings. Remember you want people who have some understanding of your affairs and who are also likely to survive you. You can always change your will at a later stage. You can include provisions if one or more should predecease you or, if they don’t wish to or cannot act in this capacity.
Example: Appoint your partner as the main executor provided that he/she survives you, IF NOT THEN appoint a parent/s or your brother/sister or your adult children.
WHO AND HOW DO YOU WANT TO APPOINT LIST 1ST CHOICE THEN SUBSTITUTE/S
(a) Do you have any infant children (under 18) or will have in the near future?
(b) Who do you want to look after them or who do you want to choose how they are looked after?
The guardian/s does not have to personally look after your children, but they are willing to be responsible for who and how they are looked after. Such a provision is not binding, but acts as an indication of your wishes. The Family Court could over-ride any such provision.
(c) Do you want your executor/s to provide funds from your estate for the caring of your children? -YesNo
(d) Have you left monies in Trust for your infant children until they reach a certain age (i.e. 18 or 21)? -YesNo
This provision allows you to give the Executor/s the discretion to release monies for certain needs e.g. Education, health and carers.
A residuary beneficiary will receive the remainder of your estate after nay specific gifts or pecuniary legacies have been disbursed. It is advisable to include a residuary clause in case one of your gifts should fail. If, for example, you do not have nay of the specific gifts or legacies you may decide to leave everything to your partner, and if they don’t survive you, then on to your children and then grandchildren. You may state certain percentages for each person. You need to denote if your partners children and stepchildren are to be included? Do you want to name specific children/people? AND do you want to specifically exclude anybody?