Emil Ford Lawyers

Forms

Wills Instructions - Husband and Wife

We suggest that you print this form out, read it and gather all the necessary information together before you begin. If you cannot answer any of the questions, please let us know and we will help you. For your records, please print a copy of the completed form prior to submitting it.

We understand that you may not want to divulge sensitive information over the internet, particularly details of your assets. If there are any questions you do not feel comfortable answering here please leave them blank and we can discuss them in person.

Your Contact Details

Full Name
Email
Phone No (Preferred)

General Notes

These notes are to assist us to prepare mutual husband and wife wills. The issues which we mention below cover what husbands and wives commonly put in their wills, but you can generally make a will in whatever form you like. If you believe that there are special matters that need to be considered in your wills, please speak to us.

Before we can advise you on the most appropriate form of Will we need you to consider a few things.
Your Street Address

Husband's Personal Details

Full name
Preferred telephone number
Work telephone number
Mobile telephone number
Fax
Email address

Wife's Personal Details

Full name
Preferred telephone number
Work telephone number
Mobile telephone number
Fax Number
Email address

Background Information - Husband

What is the approximate value of your share in your home?
What is the approximate value of superannuation that will pass directly to beneficiaries and not be part of your estate?
What is the approximate value of your other assets that will be included in your estate?
Is this a second, or later marriage?

Background Information - Wife

What is the approximate value of your share in your home?
What is the approximate value of superannuation that will pass directly to beneficiaries and not be part of your estate?
What is the approximate value of your other assets that will be included in your estate?
Is this a second, or later marriage?

Background Information - Husband & Wife

If you own property, what is the approximate value?
Are any of your assets shares in private companies? If "Yes" please provide details below of the company, shareholding, shareholder and approximate value.
Details of company, shareholding, shareholder & approximate value.
Do you have a Family Trust?
Are there children from any previous relationship who need to be provided for?
If you have children, what are their names and ages?

Special Note

If you have ticked "Yes" to any of the above questions please complete this form but we may need to speak to you about the issues.

Probate

When a person dies, somebody has to deal with the money, property and possessions which they have left (called their 'estate') by:
* collecting all the money;
* paying any debts; and
* sharing out the estate among the people who are entitled to it.
The persons named in the Will as Executors must make an application to the Supreme Court to be formally appointed as Executors. The Probate registry then sends out a legal document (a 'Grant of Probate') which allows the Executors to deal with the estate. This process is often called 'obtaining probate'.

Who should be the Executor(s)?

Most spouses appoint the other spouse as sole executor and this is quite acceptable. However, if the other spouse has died or is not capable of applying for a grant of probate you will need to appoint a substitute executor or executors. In that case we recommend that you appoint at least two executors. It is common for a husband and wife to appoint the same executors since it is possible that the two estates may have to be administered together if you both die within a short period of time. Please note details of executors below.
Name, address and relationship to me.

Name, address and relationship to me.

Who will benefit from your estate?

Many spouses leave their whole estate to the other spouse if he or she is alive and has survived them by 30 days.

What if your spouse dies before you and you have children?

If the other spouse has died, many spouses leave their estate to their children who survive them and attain a certain age. A person is considered to be an adult at 18. If the child is under 18 the Executor/Trustee must hold a child's share in an estate until the child turns 18. You do not have to give a child a share at 18 and you can make the age higher.
If my spouse has died before me I give my estate to such of my children as attain the following age: (Please insert relevant age below).
If you have said that you wish to give your estate to your children and do not have any children who reach the age which you have specified, you could give that child's share of your estate to your grandchildren who are the children of your deceased child. In some cases people choose to give a share to the spouse of your deceased child.
Please insert the relevant age and percentage.
If any of my children has died before me
Please insert the relevant age:

Insert percentage and age:

What if there are no children or grandchildren?

You may not have children or grandchildren, or you may have children or grandchildren who die before you. In that case you must decide who you will leave your estate to. We remind you that you may give your estate to any person. Some of the possibilities you might consider are:
It is common for a wife to say in her Will that she leaves one half of the estate to nominated members of her family and other other half to nominated members of her husband's family.
Insert names and addresses of wife's family here.

Insert names and addresses of spouse's family here.

Names, address and share

Specific Gifts

You may wish to make a specific gift to a person or charity, such as money or an object. If you wish to give a fixed amount to money you could consider whether to increase the gift each year between the date of your will and the date of your death by the rise in the Consumer Price Index. Such a provision ensures that the gift does not depreciate and that it maintains its value. Please note that if you make a gift to a charity you should give the full name of the charity, and if possible its ABN.
Circumstances in which gifts are to be made:

Name, address of gift recipient/s
Gift/s
Does CPI apply?

Guardian

If you have children who are under 18 years, you should consider who will care for them if you and your spouse both die. You do not need to specify any person if the people who will naturally care for the children are people you are happy with. However, if you wish to nominate particular guardians you can do that in your will. Nominating guardians does not guarantee that those people will be appointed as guardians, but your wishes will be taken into consideration if guardians have to be appointed.

An Executor is permitted to spend money on the maintenance and education of a child under 18 who may receive a share of the estate on turning 18 (or some later date which you have specified). It may be appropriate to pay some of those moneys to the child's carers or guardians. We therefore suggest that you do not appoint the same persons as both Executors and Guardians, although there is nothing to stop you from doing this. If the Executors manage the child's money, and make payments to the Guardians only after carefully considering the child's needs, the risk which might otherwise arise of the Guardian being accused of improperly spending the child's share of the estate will be reduced.
Names and addresses of guardians:

Form Recipient

Select the recipient of choice
Suite 4 Level 5
580 George Street
Sydney NSW 2000
Phone: +61 2 9267 9800
Fax: +61 2 9283 2553