Simple Will

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This simple will is designed for use in Australia.

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For Immediate Download

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It is only by a Will that you are able to leave your estate in accordance with your wishes upon your death. If you don’t leave a Will then your estate will be divided as specified by law in your State or Territory which is likely to be different to how you want it to be divided.

This simple Australian Will is suitable for the situation where you want to leave your estate to your spouse or partner if they survive you and if not then to your children, or if you have no children or none of your children survive you to the age at which you want them to be able to receive the capital of your estate, then to other specified beneficiaries in accordance with stated beneficiaries. It also provides for your spouse or partner to be your executor and allows for an alternate executor to be appointed if they don’t survive you.

Law Compliance: This form is designed for use in Australia.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.






















Simple Will







This Packet Includes:
1. Information
2. Simple Will




Information
Simple Will

It is only by a Will that you are able to leave your estate in accordance with your wishes upon your death.  If you dont leave a Will then your estate will be divided as specified by law in your State or Territory which is likely to be different to how you want it to be divided. Also by making a Will you can specify your executor who is the person responsible to obtain probate of your Will and then administer your estate. If you dont leave a Will then an administrator of your estate will need to be appointed which might not be a person you would have chosen to administer your estate.

This simple Will is suitable for the situation where you want to leave your estate to your spouse or partner if they survive you and if not then to your children, or if you have no children or none of your children survive you to the age at which you want them to be able to receive the capital of your estate, then to other specified beneficiaries in accordance with stated beneficiaries. It also provides for your spouse or partner to be your executor and allows for an alternate executor to be appointed if they dont survive you.

If you have infant children when you die you can also provide for a guardian to be appointed for them.

If you do have children and you dont want them to receive your estate until they reach a certain age then this Will gives your Executor the discretion to pay or apply capital or income of your estate to which they are contingently entitled for their maintenance, education, advancement or benefit.

The signing of your Will should be carried out in the following manner:

1.   Before you sign you must arrange for two independent witnesses to be present with you for the purpose of witnessing your signature to the Will; each witness must:

(a)   be over eighteen (18) years of age; and

(b)   preferably not be a beneficiary or the husband or wife of a beneficiary under your Will.

2.   The Will must be signed by you, in the presence of two witnesses, strictly as follows:





(a)   you and both witnesses must sign your usual signature using the same pen;

(b)   you must sign on each page where indicated;



(c)   you must insert the date of signature;

(d)   each witness must then sign each page where indicated;

(e)   each witness must, in addition, on the last page print below his or her signature his or her:

(i)   full name;

(ii)   residential address; and

(iii)   occupation;

(f)   all the signatories, that is you and both witnesses, must sign as directed above in the presence of each other and none of you may leave the room (or place of signature) until the signing of the Will has been completed in accordance with the above directions.

3.   Do not at any time pin or clip anything to the Will or make any mark on it that would indicate that something has been attached to it.

4.   Your Will is an important document and should be kept in a safe place.  It is desirable that you give your Executor(s) a copy of the Will and notify your Executor(s) where the Will is kept.






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice.     Only a lawyer/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters. No Lawyer-Client / Solicitor-Client relationship is created by use                  of these materials. 



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 
- 2 0 0       [insert year]-























LAST WILL & TESTAMENT OF       [insert your full name]























THIS IS THE LAST WILL AND TESTAMENT of       [insert full name], of       [insert street address],       [insert suburb],       [insert State or Territory].

1.  I REVOKE all prior Wills and testamentary dispositions made by me and declare this to be my last Will.

2.  I APPOINT my wife/husband/partner [delete whichever is inapplicable]       [insert their full name] to be the Executor and Trustee of this my Will PROVIDED THAT in the event of my said Executor predeceasing me or failing to survive me for a period of twenty eight (28) days then I appoint      , [insert their full name] to be the Executor and Trustee of this my Will.

3.  I GIVE all my real and personal property whatsoever and wheresoever to my wife/husband/partner [delete whichever is inapplicable]       [insert their full name] absolutely if she/he [delete whichever is inapplicable] shall survive me for a period of twenty eight (28) days.  The following clauses of this Will shall only apply if my wife/husband/partner [delete whichever is inapplicable] does not survive me for twenty eight (28) days.

4.  I GIVE DEVISE AND BEQUEATH all of my property whatsoever and wheresoever situate both real and personal to my Executor out of my ready moneys to pay my just debts funeral and testamentary expenses and subject thereto to divide the balance thereof between such of my children         [insert their full names] as survive me and attain the age of twenty one (21) years [change this to the age at which you want them to get the capital of your estate] and if more than one then as tenants in common in equal shares provided that if I have no children or none of my children so survive me, then to divide the balance thereof as follows:

(a)      % [insert percentage] to       [insert full name];

(b)      % [insert percentage] to       [insert full name]; and

(c)      % [insert percentage] to       [insert full name].

Add further paragraphs as required.

5.   IF I leave infant children I appoint            [insert full name or names] of            [insert address] to be their Guardian.   [delete this clause if not applicable]   

6.  I DIRECT that if any beneficiary of this my Will predeceases me leaving a child or children surviving him or her who shall not predecease me and who shall have attained or shall live to attain the age of twenty one (21) years [change this to the age at which you want them to get the relevant share of the capital of your estate] then such child or children shall take and if more than one equally between them as tenants in common the share in my estate which his her or their parent would have become entitled to had he or she lived to attain a vested interest therein.

7.  MY EXECUTOR may at their discretion:

(a)   exercise any powers given to them by law;

(b)   exercise the powers of a trustee for sale in respect of any assets in my estate and my Executor may:

   (i)   without being liable for any loss (including liability for taxation on capital    gain) caused by so doing postpone sale;

(ii)   without being liable for any loss (including liability for taxation on capital gain) caused by so doing retain in its form of investment at my death any part of my estate, even though it is wasting, hazardous or reversionary;

   (iii)   sell, by public auction or private sale, and for that purpose they may extend    credit;

(c)   determine whether receipts or outgoings are capital or income or partly income or capital so as to bind the beneficiaries even though the receipts are from a company or corporation that has made a decision on the matter;

(d)   apply for the maintenance, education, advancement or benefit of a beneficiary the whole or any part of the capital and income of that part of my estate to which that beneficiary is entitled or may in future be entitled;

(e)   for the purposes of paragraph (d) make a payment or payments to a minor beneficiarys parent or guardian or a person with whom the minor beneficiary resides and the receipt of that payee shall be an absolute discharge of my Executor.

8.  I EXPRESSLY DIRECT that no beneficiary of this my Will shall be liable to bring into account any sum of money or the value of any property or interest which I may have already given to such beneficiary for his or her benefit or which I may hereafter give to a beneficiary unless at the time of or within six (6) calendar months from the time of making such payment transfer or settlement I shall in writing signed or initialled by me declare to the contrary.

9.  I DECLARE that any Executor of this my Will engaged in any professional business may act in a professional or business capacity in the administration of my estate and in connection with the Trusts of this my Will and of any codicil hereto and shall be entitled to charge and be paid all professional and other charges for any acts done or services so rendered by that Executor or any firm or company with which that Executor is associated in the same manner in all respects as if he or she were not a Executor.

10.  NO Executor of this my Will shall be liable for any loss not attributable to his own dishonesty or to the wilful commission by him or her of an act known by him to be a breach of trust and no Executor shall be obliged to take action against any co-executor for any such act.


IN WITNESS WHEREOF I have hereunto set my hand the _____ day of ___________ Two Thousand and              . [insert year].




SIGNED by the Testator the said       )
         [insert your full name]as      )
and for his/her last Will and         )
testament in the presence of us      )   _______________________
who at his/her request and in his      )         [insert your full name]
presence and in the sight and         )
presence of each other have         )
hereunto subscribed our names as      )
attesting witnesses:            )



_______________________
Witness Signature

_______________________
Witness Name (Print)

_______________________

_______________________
Witness Address

_______________________
Witness Occupation

_______________________
Witness Signature

_______________________
Witness Name (Print)

_______________________

_______________________
Witness Address

_______________________
Witness Occupation


Number of Pages6
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32577
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.






















Simple Will







This Packet Includes:
1. Information
2. Simple Will




Information
Simple Will

It is only by a Will that you are able to leave your estate in accordance with your wishes upon your death.  If you dont leave a Will then your estate will be divided as specified by law in your State or Territory which is likely to be different to how you want it to be divided. Also by making a Will you can specify your executor who is the person responsible to obtain probate of your Will and then administer your estate. If you dont leave a Will then an administrator of your estate will need to be appointed which might not be a person you would have chosen to administer your estate.

This simple Will is suitable for the situation where you want to leave your estate to your spouse or partner if they survive you and if not then to your children, or if you have no children or none of your children survive you to the age at which you want them to be able to receive the capital of your estate, then to other specified beneficiaries in accordance with stated beneficiaries. It also provides for your spouse or partner to be your executor and allows for an alternate executor to be appointed if they dont survive you.

If you have infant children when you die you can also provide for a guardian to be appointed for them.

If you do have children and you dont want them to receive your estate until they reach a certain age then this Will gives your Executor the discretion to pay or apply capital or income of your estate to which they are contingently entitled for their maintenance, education, advancement or benefit.

The signing of your Will should be carried out in the following manner:

1.   Before you sign you must arrange for two independent witnesses to be present with you for the purpose of witnessing your signature to the Will; each witness must:

(a)   be over eighteen (18) years of age; and

(b)   preferably not be a beneficiary or the husband or wife of a beneficiary under your Will.

2.   The Will must be signed by you, in the presence of two witnesses, strictly as follows:





(a)   you and both witnesses must sign your usual signature using the same pen;

(b)   you must sign on each page where indicated;



(c)   you must insert the date of signature;

(d)   each witness must then sign each page where indicated;

(e)   each witness must, in addition, on the last page print below his or her signature his or her:

(i)   full name;

(ii)   residential address; and

(iii)   occupation;

(f)   all the signatories, that is you and both witnesses, must sign as directed above in the presence of each other and none of you may leave the room (or place of signature) until the signing of the Will has been completed in accordance with the above directions.

3.   Do not at any time pin or clip anything to the Will or make any mark on it that would indicate that something has been attached to it.

4.   Your Will is an important document and should be kept in a safe place.  It is desirable that you give your Executor(s) a copy of the Will and notify your Executor(s) where the Will is kept.






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice.     Only a lawyer/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters. No Lawyer-Client / Solicitor-Client relationship is created by use                  of these materials. 



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 
- 2 0 0       [insert year]-























LAST WILL & TESTAMENT OF       [insert your full name]























THIS IS THE LAST WILL AND TESTAMENT of       [insert full name], of       [insert street address],       [insert suburb],       [insert State or Territory].

1.  I REVOKE all prior Wills and testamentary dispositions made by me and declare this to be my last Will.

2.  I APPOINT my wife/husband/partner [delete whichever is inapplicable]       [insert their full name] to be the Executor and Trustee of this my Will PROVIDED THAT in the event of my said Executor predeceasing me or failing to survive me for a period of twenty eight (28) days then I appoint      , [insert their full name] to be the Executor and Trustee of this my Will.

3.  I GIVE all my real and personal property whatsoever and wheresoever to my wife/husband/partner [delete whichever is inapplicable]       [insert their full name] absolutely if she/he [delete whichever is inapplicable] shall survive me for a period of twenty eight (28) days.  The following clauses of this Will shall only apply if my wife/husband/partner [delete whichever is inapplicable] does not survive me for twenty eight (28) days.

4.  I GIVE DEVISE AND BEQUEATH all of my property whatsoever and wheresoever situate both real and personal to my Executor out of my ready moneys to pay my just debts funeral and testamentary expenses and subject thereto to divide the balance thereof between such of my children         [insert their full names] as survive me and attain the age of twenty one (21) years [change this to the age at which you want them to get the capital of your estate] and if more than one then as tenants in common in equal shares provided that if I have no children or none of my children so survive me, then to divide the balance thereof as follows:

(a)      % [insert percentage] to       [insert full name];

(b)      % [insert percentage] to       [insert full name]; and

(c)      % [insert percentage] to       [insert full name].

Add further paragraphs as required.

5.   IF I leave infant children I appoint            [insert full name or names] of            [insert address] to be their Guardian.   [delete this clause if not applicable]   

6.  I DIRECT that if any beneficiary of this my Will predeceases me leaving a child or children surviving him or her who shall not predecease me and who shall have attained or shall live to attain the age of twenty one (21) years [change this to the age at which you want them to get the relevant share of the capital of your estate] then such child or children shall take and if more than one equally between them as tenants in common the share in my estate which his her or their parent would have become entitled to had he or she lived to attain a vested interest therein.

7.  MY EXECUTOR may at their discretion:

(a)   exercise any powers given to them by law;

(b)   exercise the powers of a trustee for sale in respect of any assets in my estate and my Executor may:

   (i)   without being liable for any loss (including liability for taxation on capital    gain) caused by so doing postpone sale;

(ii)   without being liable for any loss (including liability for taxation on capital gain) caused by so doing retain in its form of investment at my death any part of my estate, even though it is wasting, hazardous or reversionary;

   (iii)   sell, by public auction or private sale, and for that purpose they may extend    credit;

(c)   determine whether receipts or outgoings are capital or income or partly income or capital so as to bind the beneficiaries even though the receipts are from a company or corporation that has made a decision on the matter;

(d)   apply for the maintenance, education, advancement or benefit of a beneficiary the whole or any part of the capital and income of that part of my estate to which that beneficiary is entitled or may in future be entitled;

(e)   for the purposes of paragraph (d) make a payment or payments to a minor beneficiarys parent or guardian or a person with whom the minor beneficiary resides and the receipt of that payee shall be an absolute discharge of my Executor.

8.  I EXPRESSLY DIRECT that no beneficiary of this my Will shall be liable to bring into account any sum of money or the value of any property or interest which I may have already given to such beneficiary for his or her benefit or which I may hereafter give to a beneficiary unless at the time of or within six (6) calendar months from the time of making such payment transfer or settlement I shall in writing signed or initialled by me declare to the contrary.

9.  I DECLARE that any Executor of this my Will engaged in any professional business may act in a professional or business capacity in the administration of my estate and in connection with the Trusts of this my Will and of any codicil hereto and shall be entitled to charge and be paid all professional and other charges for any acts done or services so rendered by that Executor or any firm or company with which that Executor is associated in the same manner in all respects as if he or she were not a Executor.

10.  NO Executor of this my Will shall be liable for any loss not attributable to his own dishonesty or to the wilful commission by him or her of an act known by him to be a breach of trust and no Executor shall be obliged to take action against any co-executor for any such act.


IN WITNESS WHEREOF I have hereunto set my hand the _____ day of ___________ Two Thousand and              . [insert year].




SIGNED by the Testator the said       )
         [insert your full name]as      )
and for his/her last Will and         )
testament in the presence of us      )   _______________________
who at his/her request and in his      )         [insert your full name]
presence and in the sight and         )
presence of each other have         )
hereunto subscribed our names as      )
attesting witnesses:            )



_______________________
Witness Signature

_______________________
Witness Name (Print)

_______________________

_______________________
Witness Address

_______________________
Witness Occupation

_______________________
Witness Signature

_______________________
Witness Name (Print)

_______________________

_______________________
Witness Address

_______________________
Witness Occupation


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CA

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CA

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CA

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Yes, I found it useful to me to get an idea as to how to draft a Will and the other thing is it can be modified to suit individual requirements.Thank you and keep up the good work. Krishna


Palm Desert,

CA

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Prior to purchasing "Simple Will" I did purchase another will form. I found this to be too open ended and lacking in instructions. FINDLEGALFORMS fulfilled my requirements. You receive a number of different document formats to chose from. I used Word. This was able to be edited and changed to suit personal requirements, without any problems. The generic form included relevant criteria to be covered which I would not have thought of without seeking legal advice. All contingencies were covered. The instructions and checklist were clearly listed without any ambiguities. I now have a sense of security that my estate will be acted upon in accordance with my wishes.


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