About you and your family
Please let your solicitor know if you have made a previous Will pursuant to an agreement (mutual Wills contract or other)
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DD slash MM slash YYYY
A special burial/cremation wish might include a desire that your body be buried in a designated family plot or cremated and your ashes scattered in place of special significance to you
If you want your organs to be donated, in addition to including those wishes in your Will you should also register on the Organ Donation Register
Your spouse's details
DD slash MM slash YYYY
A special burial/cremation wish might include a desire that your body be buried in a designated family plot or cremated and your ashes scattered in place of special significance to you
If your spouse wants their organs to be donated, in addition to including those wishes in their Will they should also register on the Organ Donation Register
Children
Include adoptive children and step children
About your financial circumstances
Do not include shares held in your super fund
Answer yes if you are a director, or own shares in your own name or via a trust or other family company
Common types of trusts are family trusts, discretionary trusts, and unit trusts
Examples might include business or partnership assets, artwork, jewellery, money owed to you (loans)
Examples might include intrafamily loans, granny flat arrangements, or a mutual Wills contract
Details of your executors
- It is necessary to nominate in your Will one or more persons to be the executor. An executor is a trusted person or persons responsible for administering your affairs after you die and giving effect to the terms of your Will. If you have a spouse, it is more usual than not that your spouse will be your executor in the first instance. However, you can choose anyone you want to be your executor. Even if you want your spouse to be your executor in the first instance, we recommend that you nominate a reserve executor/s who can step in if your spouse dies or is unable to act as your executor.
You can appoint up to four executors
The reserve executor/s steps in to administer your estate if your initial executor/s has died before you or is otherwise unable to act
We normally recommend having 2 reserve executors, but it is not essential
We normally recommend having 2 reserve executors, but it is not essential
It might seem like overkill, but if your reserve executors are older than you (e.g. your parents) it makes sense to name one or more backup reserve executors
We normally recommend having 2 reserve backup executors, but it is not essential
We normally recommend having 2 reserve backup executors, but it is not essential
Guardianship for your children
If you have infant children, you can nominate one or more persons to be legal testamentary guardians for your children while they are under 18 years old
If the guardians you first appointed can't care for your children, you can name others who can step in and care for your children.
What you want to happen to your estate
This might be a specific sum of money, a particular asset or property, or an item of jewellery.
Leave blank if you don't want to make any specific gifts
After taking into account any specific gifts, it is necessary to name the beneficiaries to or amongst whom the remaining balance of your estate will be split.
The default age is 18 years. Even though you can nominate an older age, general legal principles mean the child may still be able to access their inheritance when they turn 18
Enduring Power of Attorney
- An Enduring Power of Attorney (EPOA) is a document that allows you to appoint someone as an attorney to make decisions for you, usually when you have lost the capacity to make decisions for yourself.
Attorneys can be given the power to make financial decisions (e.g. decisions about spending money or dealing with property), personal decisions (e.g. where you live) and health decisions (e.g. medical treatment).
You can decide how your attorneys must make decisions. For example, you can require attorneys to act unanimously or you can permit any one of the attorneys to make the final decision. A common method is to give one person (e.g. a spouse) the right to make decisions on their own, but to then appoint backup decision makers (e.g. a brother and sister).
In your EPOA, the attorney is the name given to the person you nominate to make decisions on your behalf
You do not need to appoint the same attorneys to make decisions for both financial matters and personal/health matters. If you prefer, you can appoint different attorneys for each role (i.e. because of their special knowledge or skill set). Please record these instructions below
In your spouse's EPOA, the attorney is the name given to the person or persons your spouse nominates to make decisions on his or her behalf
Your spouse does not need to appoint the same attorneys to make decisions for both financial matters and personal/health matters. If your spouse prefers, they can appoint different attorneys for each role (i.e. because of their special knowledge or skill set). Please record these instructions below
If yes, please record these below
Nearly there
For example, a dementia diagnosis
For example, if you have upcoming overseas travel planned, an upcoming surgery, or a serious illness
Please let us know about things like any children with special needs, family estrangements, if you want to discuss making an Advanced Health Directive, or anything else important to you
Include any family trust deeds and SMSF deeds, constitutions for private or family companies, and the last 2 balance sheets for each trust or company structure (showing profit and loss)