Last Will and Testament

Step 1 of 14: Marital Status


What is your marital status?


Step 2 of 14: Your Details


Who is this Last Will being created for?

 




Step 3 of 14: Executor Details


Choose an Executor/Personal Representative

 



Step 4 of 14: Alternate Executor Details


Backup Executor/Personal Representative

Do you want to name an alternative choice in case your original executor is unavailable?


 



Step 5 of 14: Children


Do you have any children?


 



Step 6 of 14: Appoint a Guardian


Do you want to appoint a guardian for your minor or dependent child if your spouse does not survive you?


 



Step 7 of 14: Delay Inheritance


Do you want your minor beneficiaries to wait until a certain age before they receive their inheritance?


 



Step 8 of 14: Gifts


Do you want to leave any specific gifts in your will?


 



Step 9 of 14: Remainder of Estate


Do you want your spouse to inherit the remainder of your estate after any gifts and debts are taken care of?


 



Step 10 of 14: Total Failure Clause


If your beneficiary passes away before you, do you want your estate to be divided equally amongst your and your spouse's parents/siblings?


 



Step 11 of 14: Pets


Do you have any pets?


 



Step 12 of 14: Additional Details


Do you want to include any additional instructions?


 



Step 13 of 14: Signing Details


When will you sign your Last Will?


 

 




Step 14 of 16: Last Will and Testament


Last Will and Testament Page of
Page of

LAST WILL AND TESTAMENT OF ____________________

I, ____________________, presently of ____________________, hereby revoke all former testamentary dispositions made by me and declare this to be my last Will.


  1. PRELIMINARY DECLARATIONS
  2. Prior Wills and Codicils
  3. I revoke all prior Wills and Codicils.
  4. Marital Status
  5. I am married to ____________________
  6. Children
  7. I have the following living child:
    • __________.

  8. EXECUTOR
  9. Executor
  10. The expression 'my Executor' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the term 'executrix'.
  11. Appointment
  12. I appoint my spouse, ____________________, and __________ of __________, Victoria to be the Executors of this Will. If either ____________________ or __________ should predecease me, or either should refuse or be unable to act or continue to act as my Executor, then I appoint the survivor of ____________________ and __________ to be the sole Executor of this Will. If ____________________ and __________ should both predecease me, or if both should refuse or be unable to act or continue to act as my Executors, then I appoint __________ of __________, Victoria to be the sole Executor of this Will in the place of ____________________ and , and __________.
  13. Powers Of My Executor
  14. I give and appoint to my Executor the following duties and powers with respect to my estate:
    1. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by my Will as soon as convenient after my death, except for any debt secured by real and/or personal property which is to be assumed by the recipient of such property.
    2. To take all legal actions to have the probate of my Will completed as quickly and simply as possible, and as free as possible from any court supervision.
    3. To retain, exchange or dispose of any personal property without liability for loss or depreciation.
    4. To purchase, maintain, convert and liquidate investments or securities, and to exercise voting rights in connection with any shareholding, or exercise any option concerning any investments or securities.
    5. To open or close bank accounts.
    6. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor.
    7. To sell, mortgage, exchange, lease or otherwise dispose or deal with any real property in my estate and to pay, alter, improve, add to or remove any buildings thereon and generally to manage such real property.
    8. To maintain, settle, abandon, make a claim against or defend, or otherwise deal with any claims or actions against my estate.
    9. To employ any solicitor, accountant or other professional.
    10. Except as otherwise provided, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers advisable for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining to such beneficiary when he or she reaches the age of 18 years or, prior to such beneficiary reaching the age of 18 years, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt of any such parent or guardian discharges my Executor.

    The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by statute or common law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court.


  15. DISPOSITION OF ESTATE
  16. Specific Bequests
  17. To receive a specific bequest under this Will a beneficiary must survive me for thirty (30) days. Any item that fails to pass to a beneficiary will return to my estate to be included in the residue of my estate. All property given under this Will is subject to any encumbrances or liens attached to the property. My specific bequests are as follows:
    1. I leave to ____________________ of __________, Victoria, with the Australian Business Number: 0, for their own use absolutely, the following: __________. If ____________________ refuses, ceases to exist or otherwise is unable to use any of the gift, that gift or any amount remaining will go to __________ of __________, Victoria;
    2. I leave to __________ of __________, Victoria, if they shall survive me, for their own use absolutely, the following: __________;
    3. I leave to __________ of __________, Victoria, if they shall survive me, for their own use absolutely, the following: __________; and
    4. I leave to __________ of __________, Victoria, if they shall survive me, for their own use absolutely, the following: __________.
  18. Distribution of Residue
  19. To receive any gift or property under this Will a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue. All property given under this Will is subject to any encumbrances or liens attached to the property.
  20. I direct my Executor to distribute the residue of my estate as follows ("Share Allocations"):
    1. All of the residue of my estate to __________ of __________, Victoria, for their own use absolutely. If __________ does not survive me then I leave this share of my estate to __________ of __________, Victoria.
  21. Wipeout Provision
  22. Should my spouse predecease me, or fail to survive me for thirty (30) full days and should I leave no children, child, grandchildren or grandchild surviving me, or should they all die before becoming entitled to receive the whole of their share of my estate, then I HEREBY DIRECT that the residue of my estate or the amount remaining thereof be divided into one hundred (100) equal shares and to pay and transfer such shares as follows:
    1. zero shares to __________ of __________, Victoria, for their own use absolutely, if they are still alive; and
    2. zero shares to __________ of __________, Victoria, for their own use absolutely, if they are still alive.
  23. Individuals Omitted From Bequests
  24. If I have omitted to leave property in this Will to one or more of my heirs as named above or have provided them with zero shares of a bequest, the failure to do so is intentional.

  25. GENERAL PROVISIONS
  26. Guardianship
  27. Should my minor children require a guardian to care for them until they reach the age of eighteen (18), I appoint the following individual to be their guardian:
    1. I appoint my spouse to be the Guardian of my children during their respective minorities.
    2. If my spouse predeceases me, then I appoint __________ of __________, Victoria, to be the Guardian of my children during their respective minorities.
  28. Pet Caretaker
  29. In all cases, where any pet of mine is suffering, in poor health, or beyond reasonable treatment, or where my Executor is unable to place that pet with a suitable caretaker for any reason, then I direct my Executor to have my pet humanely euthanised as soon as practicable. All costs relating to the care, treatment and euthanasia of my pets during the period immediately following my death and prior to any adoption by a permanent guardian will be paid out of the residue of my estate.
  30. Where my pet, __________, (__________) is alive and healthy at the time of my death, I direct my Executor to place __________ in a permanent, safe and loving environment as soon as practicable after my death. I give my Executor the fullest possible discretion in the placement of this pet in a permanent home. I direct my Executor to provide a maximum of $0.00 (AUD) out of the residue of my estate as a one time only sum to be used for the future care, feeding and maintenance of this pet.
  31. Additional Provisions
  32. __________
  33. Severability
  34. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
  35. Signature
  36. I, ____________________, the within named Testator, have to this my last Will contained on this and the preceding pages, set my hand at the City of __________, in the Commonwealth of Australia, this 4th day of July, 2024 I declare that this instrument is my last Will, that I am of the legal age in this jurisdiction to make a Will, that I am under no constraint or undue influence, and that I sign this Will freely and voluntarily.

    _____________________
    ____________________

WITNESSES

This instrument was signed on the above written date by ____________________, and in our presence the Testator declared this instrument to be their last Will. At the Testator's request and in the presence of the Testator, we subscribe our names as witnesses hereto. Each of us observed the signing of this Will by ____________________ and by each other subscribing we witness and affirm that each signature is the true signature of the person whose name was signed. Each of us is now the age of majority, a competent witness and resides at the address set forth after their name.

To the best of our knowledge, the Testator is of the age of majority or otherwise legally empowered to make a Will, is mentally competent and under no constraint or undue influence.

We declare under penalty of perjury under the laws of the Commonwealth of Australia that the foregoing is true and correct this 4th day of July, 2024, at __________, Victoria.

Signed by ____________________ in our presence and then by us in their presence.

Signature

_______________________

 

Signature

_______________________

Name

_______________________

 

Name

_______________________

Address

_______________________

 

Address

_______________________

 

_______________________

   

_______________________

City/Town

_______________________

 

City/Town

_______________________

Postcode

_______________________

 

Postcode

_______________________

   Client Reference:
   Invoice Number:
   Invoice Date:
   Invoice Balance:

   Receipt Number:
   Transaction Number:
   Authorization ID:
   Receipt Date:
   Paid Amount:
   Balance Due:


Step 15 of 4: Make payment



Step 4 of 4: Payment receipt


   Client Reference:
   Invoice Number:
   Invoice Date:
   Invoice Balance:

   Receipt Number:
   Transaction Number:
   Authorization ID:
   Receipt Date:
   Paid Amount:
   Balance Due: