| Documents to be prepared |
| Will |
Single person WillSpouse to spouse includes de facto partnerBlended family |
| Attorney |
General power of attorneyEnduring power of attorney (financial)Enduring power of attorney (medical) |
| Guardian |
Appointment of enduring guardian |
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1. Client |
| Name: |
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| Address: |
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| Postal Address: |
As aboveOr |
| Occupation*: |
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| Phone: |
BH: AH: Mobile: Fax: Email: |
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The will |
| Is there an existing will? |
YesNo |
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If yes, client will arrange to cancel |
YesNo |
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Existing will to be revoked by this will |
YesNo |
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Other arrangements: |
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1. Executor/Trustees |
| Spouse |
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| Other |
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| Alternate Executor |
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| Further Alternate |
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| Testamentary guardian of minor children |
| Name: |
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| Address: |
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2. Specific bequests |
| Specific bequests, gifts, donations etc. |
Details: |
| Right of residency |
Details: |
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Then property passes to: |
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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 |
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| Then/Or |
| Children at age18212530 |
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Including children of spouse or partnerEqually between all children;½ to children and ½ to spouse’s children½ does not survive then to the other half½ does not survive then to: |
| Then/Or |
| Other: |
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4. Superannuation / insurance |
| Super fund: |
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| Details: |
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| Binding nomination required? |
YesNo |
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Instructed to do soClient will attend to |
| Insurance co: |
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| Details: |
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| Any Further relevant information: |
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5. Joint tenancies |
| Any joint tenancies to be severed? |
YesNo |
| If yes, Details: |
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6. Administration and Probate Act 1958 |
| Is it likely that an order may be made under the Act? |
YesNo |
| If yes, Details: |
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| 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: |
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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? |
YesNo |
|
The power of attorney (General or enduring financial) |
| Power of attorney to be enduring |
YesNo |
| Does it need to be registered |
YesNo |
|
1. Attorney/s |
| Attorney/s to be the same as the executors in the willAlternate attorney/s to be the same as alternate executors in the will |
| If different from the will |
| Spouse |
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| Other |
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| Alternate attorney |
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| Further alternate |
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| Acting |
JointlySeverally |
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N.B. If acting jointly, death of one attorney terminates power |
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2. Limitations on power / notes / commencement date |
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The enduring power of attorney (Medical) |
| Does it need to be registered |
YesNo |
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1. Attorney/s (Agent/s) |
| Attorney/s to be the same as the executors in the willAlternate attorney/s to be the same as alternate executors in the will |
| If different from the will |
| Spouse |
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| Other |
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| Alternate attorney |
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| Further alternate |
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2. Limitations / note |
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The appointment of enduring guardian |
| Does it need to be registered |
YesNo |
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3. Guardian |
| guardian/s to be the same as the executors in the willAlternate guardian/s to be the same as alternate executors in the will |
| If different from the will |
| Spouse |
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| Other |
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| Alternate attorney |
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| Further alternate |
|
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4. Deletion of any s 24 powers / limitations on power / wishes / notes |
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Costs |
| Discussed costs |
YesNo |
Estimate of costs |
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| Forward costs agreement |
YesNo |
| Initial fees required |
YesNo |
If Yes, |
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