Tuesday, May 19, 2015

Will & Testament

THIS IS THE LAST WILL of me, ___________ ( ID )____ of __home address_______________________ .

I REVOKE all former wills #)
1.      In the event of my wife _____________( ID ) surviving me, I GIVE DEVISE AND BEQUEATH all my property and estate both real and personal unto my said wife absolutely and in such event I APPOINT my said wife to be the sole executor of this my WILL.
2.      In the event my wife fails to survive me, then I appoint _____________be my executor and trustee of this my Will and I GIVE DEVISE AND BEQUEATH the whole of my estate to my Trustee TO HOLD the same after payment of my just debts funeral and testamentary expenses and all duties payable in respect of the whole of my dutiable estate UPON TRUST for the ______children of mine, ___________________________________________ as shall be living at my death in equal shares.
3.      I DECLARE that should any of the beneficiaries under Clause 2 hereof fail to survive then their shares under my will shall fall to the other beneficiaries under the said clause 2 equally.
4.      I APPOINT _______________ as guardians of my children.
5.      IN THE EVENT of my said wife and children failing to survive me then:
(I)                I APPONIT ________________to be executor and trustee of this my will.
(II)             and I GIVE DEVISE AND BEQUEATH all my properties and estate both real and personal not hereinbefore disposed of unto my trustee UPON TRUST to pay there out all my just debts funeral and testamentary expenses and all estate and other duties payable in respect my dutiable estate together with a reasonable sum in connection with headstone expenses ( IF ANY) and to hold the net residue thereof UPON TRUST and to distribute the same as follows:
(III)          (a) To give  (optional) ______________________
(IV)           (b) To give  (optional)______________________

6.      And I DECLARE that my trustee shall act prudently that he may:
(I)                Invest all or major part of the moneys compromising my residuary estate in fixed interest investments: or
(II)             Continue to hold any investment which I may have held at the date of my death or which they may subsequently make notwithstanding changes of circumstances which may have occurred subsequent to the making of such investment:
(III)          Fail or choose not to diversify the investments comprising my residuary estate.
(IV)          Have all the powers given to executors and trustees by the legislation in any of the Australian States or Territories (not just the State or Territories where my estate is being administered) - free (where permitted) of any limitations expressed in terms of time or money. ( only for Australians )

7.      AND I DECLARE that the executor and Trustee of this Will shall be entitled to charge and be paid all usual and proper charges for all acts or deeds done by him in or about of the proving of this my Will and administering the trusts thereof in the same manner as if not being himself an executor or Trustee he had been employed by my executors or trustees to do such acts or deeds.
8.      Any beneficiary who is under the age of 18 years at the time of my death is to be entitled to his/her share when he/she reaches the age of 18 years (the age of inheritance).


IN WITNESS WHEREOF I have hereunto subscribed my name this ___ day of _____ in the year _______numeric_________ (alphabet)

Signed by the testator:

_________________

 Signed and dated this ……………….day of………………..year


In our presence and attested by us in her presence

Witness 1:                                                      
Name:
ID:
Address:




Witness 2:
Name:
ID:
Address:




This is the end of my Will

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