Will Instruction Form





    Do you have a current Will? If so, please upload a copy.

    Do you want to include a clause in your Will stating who you leave your digital assets to and who you leave control of your digital accounts (eg email, Facebook) to? *
    YesNo

    Please state who you would like to leave your digital assets and accounts to (you can just name one person, or have one person and a backup). *

    FUNERAL WISHES

    Would you like to be buried or cremated? Or do you have no preference. *
    BuriedCrematedNo preference
    If you die overseas, is it important to you that your body is brought back to Australia? *

    Is there a particular place you would like to be buried or have your ashes scattered? If so, please specify?

    Do you want your body to be available to be used for medical purposes after your death? *

    YOUR FAMILY DETAILS

    These questions help us determine if anyone may have a claim on your estate, so your Will can be drafted to avoid challenges down the track.
    Are you married? *

    What is your spouse's full name? *

    Do you have any children with your spouse? *


    At what age would you want your children to be able to access the money you leave to them under your Will? (other than advances for school fees etc) *
    182125

    Does your spouse have any children from another relationship? *

    Please state these children's full names and dates of birth. *

    Names of children:

    What are these children's addresses?

    Have you previously been married to anyone else? If so, please provide the full name of your former spouse, the duration of this marriage, its financial arrangements (that is, any property settlement, an whether that person helped you build your wealth or vice versa) and the names and dates of birth of any children of this marriage. *

    Do you live with someone (to whom you are not married) in a romantic relationship? *

    Please state the full name of your partner, the duration of this relationship and describe its financial arrangements (that is, whether your partner has helped you establish your career or build your wealth or vice versa). *

    Do you have any children with your partner? *

    Please state these children's full names and dates of birth. *

    Do you think you might one day marry your partner? This is relevant as if so, I will include a clause in the Will that will prevent your Will being revoked upon marriage. *

    Have you entered into a Binding Financial Agreement with anyone? If so, please give details

    PLEASE NOTE: For the remainder of this questionnaire, reference to a 'spouse' includes a de facto partner
    Is there anyone else who at any time has been wholly or partly dependent on you or that you might have a “moral claim” on your estate (such as past partners who made significant contributions towards your wealth or who you cared for)? If yes, please provide details (including the duration of your relationship, their financial resources, their age, any disabilities, whether they supported you at any time, and any gifts or benefits you have previously given them). *

    Do you have a child with a disability for whom special arrangements are needed in your Will? *

    Do you have a child who is having serious relationship problems with his/her spouse/partner, to the point where you are concerned that they might separate? *

    Do you have a child whom you want to exclude from your Will or give a much smaller share of your estate than your other children? *

    Do you have a child who has serious problems handling money and who you would not want having direct access to the assets in your estate? *

    If you have answered yes to any of the last 4 questions, please provide details

    YOUR EXECUTOR

    Here, you can name someone to be responsible for administering your estate when you die. This person is called your Executor and will, among other things, be responsible for paying off your debts and taxes and distributing your remaining assets in accordance with your wishes. The person/people need to be willing to act, not too old, within Australia and appropriately skilled (particularly if you require them to make investment decisions). It can be an individual or trust company.

    It is usual to appoint one primary Executor and one substitute Executor, but you can appoint more than one primary Executors to act jointly if you prefer (they should be people who are able to work together). How many primary Executors would you like? *






    If one person you named as your Executor cannot or will not act as your Executor, then: *
    The other person you named as your Executor shall act alone as your Executor.The person you name below as your Substitute Executor shall act instead.

    Substitute Executor. This is someone who acts if your first choice of Executor cannot.


    REAL ESTATE

    You don't have to make a gift of real estate to a beneficiary. If you don't, then your real estate becomes part of the residue of your estate, which you can transfer or divide among your residuary beneficiaries (we'll get them later).

    IMPORTANT NOTE: You can only transfer an interest you have in real estate which you hold as a tenant in common. If you hold real estate as a joint tenant (which is most couples), when you die, your interest will automatically be transferred to the other joint tenant and you will not be able to change that in your Will. If you are not sure how you currently own this property, upload a copy of a title search.

    Do you own real estate? *

    Do you own this property as joint tenants with someone else? *

    Do you want to leave this property to someone different to the person you will leave the residue of your estate to? NB: if you own the property as joint tenants, the property will automatically go to the other joint tenant when you die. If this is you, and you and the other joint tenant are both making Wills, the Will can provide for the property to go to a third person if you both die, or it can just form part of your estate. If the former, please choose yes here. *

    Your rights, title, and interest in this property shall be transferred: *
    To your spouseIn equal shares to your childrenTo one beneficiaryTo multiple beneficiaries

    If your spouse dies before you, at the same time or less than 30 days after you, then who should your rights, title, and interest in this property be transferred to? *
    In equal shares between your siblings and your spouse's siblingsIn equal shares to your childrenTo one beneficiaryTo multiple beneficiariesTo your estate (i.e. this gift shall not be made and your rights, title and interest in this property shall become part of the residue of your estate)

    What is the address(es) of the property? *

    What is the full name of the beneficiary and their relationship to you? *

    What is the address of this beneficiary if not previously mentioned?

    What is the address of this beneficiary if not previously mentioned?

    CASH GIFT

    Here, you can leave a gift of cash to someone if you want to.
    Do you wish to make a cash gift to an individual (not a charity)? *

    How many cash gifts do you want to give to individuals? *

    What is the full name of the first beneficiary, their relationship to you and the amount of money you want to leave them? *
    What is the full name of the first beneficiary, their relationship to you and the amount of money you want to leave them? *

    What is the full name of the second beneficiary, their relationship to you and the amount of money you want to leave them? *
    What is the full name of the first beneficiary, their relationship to you and the amount of money you want to leave them? *

    What is the full name of the second beneficiary, their relationship to you and the amount of money you want to leave them? *

    What is the full name of the third beneficiary, their relationship to you and the amount of money you want to leave them? *

    If this beneficiary dies before you or shortly (i.e. 30 days) after you, then *
    This cash gift will not be madeThis cash gift will be made to an alternate beneficiary

    What is the full name of this alternative beneficiary and their relationship to you? *

    What is the address of this alternative beneficiary?

    What is the address of this alternative beneficiary if not previously mentioned?

    Do you want to make a charitable gift? *

    How many cash gifts do you want to give to charities? *

    Name of the first charity and amount? *
    Name of the first charity and amount? *

    Name of the secondcharity and amount? *
    Name of the first charity and amount? *

    Name of the second charity and amount? *

    Name of the third charity and amount? *

    If this charity does not exist at the time of your death, then: *
    This charitable gift will not be madeYour Executor may make this gift to another charitable or community organization that carries on similar work for the benefit of a similar group of people.

    DEBTS

    Here, you can identify if a person owes you money. Keep in mind that this money must be owed to you personally. This is not the same thing as someone owing money to your company (which is a separate legal person from you).


    If someone presently owes you money, you have a few options concerning that debt when you die: you can forgive that debt or transfer the benefit of that debt (i.e. repayment and interest) to a specific person or persons. Or if you don't want to mention any specific debts in your Will, they will form part of the residue of your estate and, when the debt is repaid, it will be distributed to your beneficiaries (who you will name later).
    Does anyone owe you money? *

    Name of the person who owes you money and their relationship to you *

    When you die, do you want to: *
    Forgive and cancel this debtTransfer this debt, including any interest, to your beneficiaries

    This debt will be transferred: *
    To your spouseIn equal shares to your childrenTo one beneficiaryTo multiple beneficiaries

    If your spouse dies at the same time, before you or less than 30 days after you, then who should your interest in this debt be transferred to? *
    In equal shares to your siblings and your spouse's siblingsIn equal shares to your childrenTo one beneficiaryTo multiple beneficiariesTo your estate (i.e. this gift shall not be made and your rights, title and interest in this property shall become part of the residue of your estate)

    What are the full names of the beneficiaries and their relationship to you? In what percentages should the property be divided amongst them? *
    What is the full name of the beneficiary and their relationship to you? *
    What are the full names of the beneficiaries and their relationship to you? In what percentages should the property be divided amongst them? *
    What is the full name of the beneficiary and their relationship to you? *

    PERSONAL PROPERTY

    You don't have to make any gift of personal property to a beneficiary. If you do not, then your personal property becomes part of the residue of your estate, which you can transfer or divide among your residuary beneficiaries (who we'll get to soon...)

    How many gifts of personal property do you want to leave? *

    Details of first gift, to whom it is to be left to and their relationship to you *
    Details of first gift, to whom it is to be left to and their relationship to you *

    Details of second gift, to whom it is to be left to and their relationship to you *
    Details of first gift, to whom it is to be left to and their relationship to you *

    Details of second gift, to whom it is to be left to and their relationship to you *

    Details of third gift, to whom it is to be left to and their relationship to you *

    COMPLEX ASSETS

    Do you wish to include a discretionary testamentary trust in your Will? (+$330)

    Do you want to leave a gift of specific shares in a company or other securities to someone in your Will? Disregard shares that may pass as part of a general gift of or from your estate. If so, please provide details. *

    Are you a director of a company or have shares in any non-listed company that needs consideration in your Will (excluding a SMSF or trustee for family trust)? Eg a company that may have pre-emptive rights or other restrictions on the transfer of shares in its constitution. *

    If you’re not sure, please provide more info here:

    Do you have a self-managed super fund? *

    If you’re not sure, please provide more info here:

    Do you control a family trust or have units in any private (non-listed) unit trust that may need special consideration in your Will? Eg a trust that may have pre-emptive rights or other restrictions on the transfer of units in the trust deed. *

    If you’re not sure, please provide more info here:

    Do you have an interest as a partner in a partnership that may need special consideration in your Will? *

    If you’re not sure, please provide more info here:

    Do you own substantial assets, especially real estate, outside Australia? If so, please provide details. *

    Are you subject to any agreement or court order that restricts your ability to transfer your assets or that could otherwise affect the distribution of your estate? e.g. a binding financial agreement under the Family Law Act or a mutual will agreement. If so, please provide details. *

    Did you want to leave anyone a 'life interest' in any real estate (ie a right to live in a house while they are alive with full ownership of the house passing automatically to someone else when they die)? If so, please provide details. *

    RESIDUE

    The residue of your estate is all of the leftover assets that are available to be transferred or distributed to your beneficiaries after all funeral and testamentary expenses, taxes, and debts have been paid and specific gifts to beneficiaries (identified above) have been made.

    What would you like your Executor to do with the residue of your estate? *
    Transfer and pay out the residue of your estate to your spouseInvest the residue of your estate in trust for your spouse's benefit and pay out income and capital from that trust to your spouse during your spouse's lifetimeDivide the residue of your estate equally among your childrenTransfer and pay out the residue of your estate to one beneficiaryDivide the residue of your estate among multiple beneficiaries.

    What is the full name of the beneficiary and their relationship to you? *
    What are the full names of the beneficiaries and their relationship to you? In what percentages should the property be divided amongst them? *

    If your spouse dies before you or less than 30 days after you, then who should your rights, title, and interest in the residue of your estate be transferred to? *
    In equal shares to your siblings and your spouse's siblingsIn equal shares to your childrenTo one beneficiaryTo multiple beneficiaries

    What is the full name of the beneficiary and their relationship to you? *
    What are the full names of the beneficiaries and their relationship to you? In what percentages should the property be divided amongst them? *

    If the residue of your estate cannot be distributed (i.e. because all of your beneficiaries die before you or within thirty days of you), then do you want your Executor to: *
    Transfer and pay out the residue on your estate to one beneficiaryTransfer and pay out residue of your estate among multiple beneficiaries

    What is the full name of the beneficiary and their relationship to you? *
    What are the full names of the beneficiaries and their relationship to you? In what percentages should the property be divided amongst them? *

    GUARDIAN OF MINOR CHILDREN

    Here you can name a legal representative to be responsible for your minor children and their property when you pass away. Unless you say otherwise, the appointment of this legal representative only takes effect upon the death of the last surviving parent of your minor child.

    Please confirm that you intend these instructions to be your Will for the time being until execution of your formal Will (noting that you will provide any additional instructions required promptly and that you will sign your Will as soon as possible after receipt) *
    I confirm

    Please confirm that you authorise us to deduct your funds from our trust account to pay our costs after completion of your matter, being the time that your final documents are sent to you. *
    I confirm

    Do you agree to our terms and conditions? *
    Yes. I have read them and agree to be bound.