Free Last Will and Testament - Australia

Free Last Will and Testament - Australia

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Create Your Free
Last Will and Testament - Australia

  1. Answer a few simple questions
  2. Email, download or print instantly
  3. Just takes 5 minutes

Last Will and Testament - Australia

Create Your Free Last Will and Testament

Create Your Free Last Will and Testament



Frequently Asked Questions

Why should I have a Last Will?If you do not have an up-to-date Last Will, the court will decide how to disperse your estate. This will also result in delays and additional costs.Who can make a Last Will?In order to be able to make a valid legal Will you must:

- be 18 years of age or older;
- make the Will voluntarily; and
- be of sound mind.
When should I update my Will?It is important to update your Will after significant life events.

Some common examples include: getting married or divorced, moving out of province, or having a child.


Your Last Will and Testament

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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 do not have any living children.

  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, ____________________, as the sole Executor of this my Will.
  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 majority or, during the minority of such beneficiary, 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. Distribution of Residue
  17. 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.
  18. The entire residue of my estate will be transferred to my spouse, if my spouse survives me for thirty (30) full days, for their own use absolutely.
  19. Wipeout Provision
  20. Should my spouse predecease me, or fail to survive me for thirty (30) full days, 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. 50 shares to be divided equally between my parents and siblings, or the survivors thereof, for their own use absolutely, if all or any of them is then alive.

      PROVIDED HOWEVER, that if all of my parents and siblings shall predecease me, or surviving me die before receiving their share of my estate, I DIRECT that their share of my estate or the amount remaining shall be divided equally between my spouse's parents and siblings then alive for their own use absolutely.
    2. 50 shares to be divided equally between my spouse's parents and siblings, or the survivors thereof, for their own use absolutely, if all or any of them is then alive.

      PROVIDED HOWEVER, that if all of my spouse's parents and siblings shall predecease me, or surviving me die before receiving their share of my estate, I DIRECT that their share of my estate or the amount remaining shall be divided equally between my parents and siblings then alive for their own use absolutely.
  21. Individuals Omitted From Bequests
  22. 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.

  23. GENERAL PROVISIONS
  24. No Contest Provision
  25. If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
  26. Severability
  27. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
  28. Signature
  29. 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 23rd day of October, 2018 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 23rd day of October, 2018, at __________, Australian Capital Territory.

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

Signature

__________________________

 

Signature

__________________________

Name

__________________________

 

Name

__________________________

Address

__________________________

 

Address

__________________________

 

__________________________

   

__________________________

City/Town

__________________________

 

City/Town

__________________________

Postcode

__________________________

 

Postcode

__________________________

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