Emil Ford Lawyers

Forms

Will Instructions - Single Person

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)
Phone No (mobile)
Phone No (work)
Address
Fax

General Notes

These notes are to assist us to prepare your Will. The issues which we mention below cover what is commonly put in 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 will, please speak to us.
Before we can advise you on the most appropriate form of Will we need you to consider a few things.

Background Information

If you own property, what is the approximate value?
Do you own any property with anyone else?
What is the approximate value of your other assets that will be included in your estate?
What is the approximate value of superannuation that will pass directly to beneficiaries and not be part of your estate?
Are any of your assets shares in private companies?
If "Yes" to the above, please provide details of the company, shareholding, shareholder and approximate value.
Do you have a Family Trust?
Have you ever married or had a defacto partner?
If you have children what are their FULL names and ages?

If you have ticked YES

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 issue

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)?

You will need to appoint an executor or executors. We recommend that you appoint at least two executors.
I appoint the following as my executors.
FULL Name/s, address/es of executors (and their relationship to you)

If you have children

If you have children, you may want to leave your estate to your children if they survive you 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.
Please insert relevant age:
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 the deceased child.
If any of my children have died before me
Please insert relevant age.

Insert relevant percentage and age.

What if you have 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.
Please insert relevant names, addresses and shares:

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 of 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
Please enter the circumstances in which the gifts are to be made.

Name and address. Gift. Does CPI apply?

Guardian

If you have children who are under 18 years, you should consider who will care for them if you and any other parent 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