Instruction Sheet, Wills & Powers of Attorney

Documents to be prepared
 Will  Single person Will Spouse to spouse includes de facto partner Blended family
 Attorney  General power of attorney Enduring power of attorney (financial) Enduring power of attorney (medical)
 Guardian  Appointment of enduring guardian
1. Client
Name:
Address:
Postal Address: As above Or 
Occupation*:
Phone: BH: AH: Mobile: Fax: Email:
The will
Is there an existing will?  Yes No
If yes, client will arrange to cancel  Yes No
Existing will to be revoked by this will  Yes No
Other arrangements:
1. Executor/Trustees
 Spouse
 Other
Alternate Executor
Further Alternate
 Testamentary guardian of minor children
Name:
Address:
2. Specific bequests
 Specific bequests, gifts, donations etc. Details:
 Right of residency Details:
Then property passes to:
3. Beneficiaries of the residue
It must be remembered that the provisions of a Will do not affect the disposal of joint tenancy property or (usually) superannuation accounts. Joint tenancy property can only be dealt with if the joint tenancy is first severed into a tenancy in common. Superannuation needs to be dealt with by binding nomination (unless there is a specific reason for proceeds to come into the estate, noting different tax treatment – See the full guide in the Wills Step-by-Step Guide.
 Spouse
Then/Or
 Children at age 18 21 25 30
 Including children of spouse or partner Equally between all children; ½ to children and ½ to spouse’s children ½ does not survive then to the other half ½ does not survive then to:
Then/Or
Other:
4. Superannuation / insurance
Super fund:
Details:
Binding nomination required?  Yes No
 Instructed to do so Client will attend to
Insurance co:
Details:
Any Further relevant information:
5. Joint tenancies
Any joint tenancies to be severed?  Yes No
If yes, Details:
6. Administration and Probate Act 1958
Is it likely that an order may be made under the Act?  Yes No
If yes, Details:
Below are some reasons that might be appropriate for excluding the potential claimant from the will.
 Adequate provision has been made for them during my lifetime. There has been no contact between us for many years and there is no relationship of love and affection between us. My responsibility for their welfare ended many years ago. In these circumstances any gift to them would be contrary to the nature of our relationship. Their circumstances are far better than those of the beneficiaries that I have nominated and therefore some equity is achieved by such gifts. They have / will receive substantial gifts from the estate of my former spouse and his/her relatives. Other:
7. Other information
 Has anyone been promised a benefit under the will? Are any Family Court orders still on foot, or has a binding financial agreement been entered into, is there a registered relationship under the Relationships Act or an unregistered domestic partner? Are there any other matters which might affect the dispositions in the will?
 Has the client been advised to consult an accountant?  Yes No
The power of attorney (General or enduring financial)
Power of attorney to be enduring  Yes No
Does it need to be registered  Yes No
1. Attorney/s
 Attorney/s to be the same as the executors in the will Alternate attorney/s to be the same as alternate executors in the will
If different from the will
 Spouse
 Other
Alternate attorney
Further alternate
Acting  Jointly Severally
N.B. If acting jointly, death of one attorney terminates power
2. Limitations on power / notes / commencement date
The enduring power of attorney (Medical)
Does it need to be registered  Yes No
1. Attorney/s (Agent/s)
 Attorney/s to be the same as the executors in the will Alternate attorney/s to be the same as alternate executors in the will
If different from the will
 Spouse
 Other
Alternate attorney
Further alternate
2. Limitations / note
The appointment of enduring guardian
Does it need to be registered  Yes No
3. Guardian
 guardian/s to be the same as the executors in the will Alternate guardian/s to be the same as alternate executors in the will
If different from the will
 Spouse
 Other
Alternate attorney
Further alternate
4. Deletion of any s 24 powers / limitations on power / wishes / notes
Costs
Discussed costs  Yes No Estimate of costs
Forward costs agreement  Yes No
Initial fees required  Yes No If Yes,

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