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Wills

In writing
A Will is a written document, signed by you, the testator, and witnessed by two independent people who are not proposed as beneficiaries of the Will. The Will specifies how you want your estate to be dealt with upon your death. It directs the executor how your assets will be given away after your death. It allows you to give away some or all of what you own, including your real estate, cars, business holdings, money and personal property. Your property may be given to anyone you choose after your estate debts are paid (ie funeral). You may also name who you want to act as guardian for a minor.

The executor
The Will must specify at least one executor, the person(s) nominated by you, the testator, to carry out the instructions as set down in your will. The executor is responsible to ensure that your estate is finalized in accordance with your wishes. It is important, when deciding upon an executor, to ensure that they possess the necessary administrative skills, are prepared to take on the job and are likely to live longer than yourself. An executor can be a beneficiary in your Will.

Freedom of testation
You must be at least 18 years or older and of sound mind to make a will. You must also have "testamentary capacity" which means that you must know the property you own, the effect of your will, who the members of your immediate family are and that your will represents your wishes. You must be making the will because you want to and not because someone else is forcing you to.

Other requirements
The will can be in writing or typed; it must be dated and signed. (If you are unable to sign the will, you may direct that another person sign for you, but he or she must sign the will at your request and in your presence.) Your Will should be secured in a safe place and a responsible person, such as your executor, a family member or your next of kin should be made aware of its location. Your solicitor’s safe is the best place to store your will. To die without a valid Will is known as intestacy and, if this occurs, your estate will be distributed according to the intestacy rules, which may not be as you would have desired and, may be more costly and time consuming than if a valid Will had been made. Your existing Will may be revoked by destroying all copies of it and / or drawing up a new one.

Making changes
There may be occasion when your Will needs to be changed such as marriage or divorce, the birth and death of family members and the acquisition or disposal of assets. Any changes to your will must be signed, dated and done in the presence of two independent witnesses (as before) or the changes will be invalid.

Client Questionnaire
Please provide us with the following information to assist in the preparation of your will. We will contact you by phone within 24 hours to make arrangements for an appointment.

Personal Details
First Name	* req'd
Surname	* req'd
Email	* req'd
Phone	* req'd
Mobile
Address
Suburb
State
Postcode
Do you already have a will?
YES NO
If you answered yes, you should retrieve it from where it is held as it will need to be destroyed when your new Will is signed.
Executors
Your executor(s) will be responsible for administering your estate ie. collecting in your assets, paying debts, funeral expenses and taxes and distributing the balance in accordance with your instructions. They will also become Trustees of any parts of the estate retained for the beneficiaries who are under age. Usually the spouse is appointed sole executor if the estate is to be left entirely to the spouse but in other circumstances, or as a contingency if a spouse predeceases alternative executors need to be appointed. They should be people you can trust and who are over 18. You can appoint up to four executors but it is more normal to appoint two which is more manageable. Please bear in mind if you appoint a professional person/institution then they are entitled to charge the estate for their time in administering your estate. Please give the full names and addresses of your proposed executors:
Funeral Wishes
If you have any particular wishes concerning your funeral arrangements (for example a preference as regards cremation or burial) they can be included in your Will. Please let us know if you have any specific wishes.
Children
Do you have any children? YES NO If so, please provide full names and ages.
If you have young children you should consider who you would like to look after them should you and your spouse die before they attain the age of 18. Please check those nominated agree to act as guardians and provide their full names and addresses. The guardians can be the same people as your executors (see above about executors) but need not be.
Do you have a child or children who will not be named as possible beneficiaries in your Will but who are in whole or part maintained by you? (This may include a child for whom you are the legal guardian or illegitimate children for whose maintenance you are responsible). If so please provide full name(s) and address(es):
Do you have a child or dependent who is mentally or physically handicapped? If so, please give details:
Pets
If you have any pets, would you like any provision made for them. If so, please give details:
Assets
Your ‘estate’ includes your assets such as real estate, bank accounts, stocks & shares, life insurance policies and superannuation. Your personal estate is also included and this is made up of personal items, household goods, jewelry, cars etc. Normally though, your will simply lists these things as ‘my estate’, however you may want to list them out hereunder and we will include the list in your will.
Do you have assets held jointly with someone other than your spouse? If so, please provide details:
If you have any business assets please provide us with details. These will pass under the terms of your Will unless you have a specific agreement to the contrary with your business partner(s) or co-director(s).
If you own any assets outside Australia please provide us with details:
Gifts
Do you wish to make specific gifts of items or cash? If so, please describe any item in full and clear detail so there can be no mistake (eg. “my ring” should also describe its stone, metal or other distinguishing feature). Please specify if you wish to make specific gifts of items or cash:
Beneficiaries
Who do you wish to inherit the residue of your estate (ie. what is left after any specific gifts)? If all is to be left to your spouse initially you should consider what happens if your spouse dies before you or shortly after. Please give names and addresses of beneficiaries and in what proportions you wish them to inherit. If you intend leaving your estate to your children, please specify if you wish to include any step children.
You should consider at what age any child beneficiaries should inherit eg. at 18, 21 or 25 years (they cannot receive all their inheritance before the age specified but the executors could advance moneys from their inheritance to fund further education, maintenance etc. if appropriate). For tax purposes it is not recommended that an age greater than 25 is specified.
If one of your proposed beneficiaries should die before you or does not attain the age you have specified for them to inherit it is usual for that person’s share either to pass to their own children or to be divided between other beneficiaries who do survive you and attain the specified age. Please set out your wishes in this respect.
Charities
If you wish to leave the residue or a legacy to Charity you will need to give the correct up to date title of the Charity and their current address. It would be an idea to contact the Charity to check if they have any specific wording they would prefer you to use.
MORE INFORMATION
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