Last Will and Testament

I, ________ , presently of ________ , declare that this is my Last Will and Testament.

(A) PRELIMINARY DECLARATIONS

(1) I revoke all prior Wills and declare this to be my Last Will and Testament.

(2) I am not married or in a de facto relationship.

(3) I have ________ living children, as follows:

(4) The term "child" or "children" as used in my Will includes the above listed children and any children born to me or legally adopted by me after I have signed this Will but excludes step children and foster children.

(B) EXECUTORS AND TRUSTEES

(5) The term "my Executor" used throughout this Will includes both the singular and the plural number, as well as both the masculine and feminine gender as appropriate and required by context. The term "Executor" in this Will is synonymous with and includes the terms "Executrix", "Fiduciary" or "Personal Representative" and means my executors or legal personal representatives for the time being.

(6) I appoint ________ of ________ and ________ of ________ to serve as Executor of my estate, jointly and severally.

Executor Holds Estate on Trust

(7) My Executor shall be the trustee or trustees of each trust under this Will unless or until an alternative trustee is appointed under this Will or pursuant to the relevant laws governing trustees in Australian Capital Territory .

(8) My Executor will hold my estate on trust, subject to the powers set out in this Will.

(9) After paying any debts and testamentary expenses related to my death or the administration of my estate, and after selling, calling in or converting into money any part of my estate, my Executor must deal with the balance of my estate in accordance with this Will.

Powers and Duties of Executor

(10) Unless otherwise specified in any express provisions of this Will:

(a) My Executor will have all of the powers, discretion, and authorities as conferred by Australian law and any law of Australian Capital Territory .

(b) My Executor will have all of the powers, discretion, and authorities of a natural person.

(c) My Executor shall not be restricted or obligated, in relation to their general or specific powers, by any provisions relating to trustees contained in any Australian law or any law of a state or territory of Australia.

(11) My Executor shall hold the following specific powers, and such specific powers shall be in addition to and shall not limit the general powers set out in this Will:

(a) To pay my legally enforceable debts, funeral expenses, taxes and all other expenses in connection with my death, the administration of my estate and the trusts created by this Will. If any real property devised in my Will remains subject to a mortgage at the time of my death, then I direct that the devisee taking that mortgaged property will take the property subject to that mortgage and that the devisee will not be entitled to have the mortgage paid out or resolved from the remaining assets of the residue of my estate.

(b) To calculate net income in accordance with any accounting, taxation, or other standards, concepts, guidelines or definitions; to use any income and/or capital of my estate to pay capital gains tax applicable to the disposal of any part of my estate; and to apportion liability for that tax.

(c) To take any and all necessary actions to have my Will probated as simply as possible with as little court intervention or supervision as possible, under the laws of Australian Capital Territory .

(d) To separately apply, allocate, record, identify, pay or accumulate any capital, income, credit, rebate, right, entitlement or benefit and to do so with reference to any category, source, class or other method of identification.

(e) To allocate, appropriate or devote any asset, share or interest in an asset of my estate which is not specifically given to a Beneficiary, in full or partial satisfaction of a bequest or share of my estate, without the need to obtain the consent of any Beneficiary.

(f) To close, open or operate any investment or bank accounts.

(g) To make investments and change investments with the same freedom as if the investments were beneficially owned by the Executor.

(h) To loan money to my Beneficiaries on whatever terms my Executor may choose (whilst paying attention to any taxation or other implications), including both secured and unsecured loans, loans which are subject to interest or loans which are interest free.

(i) To invest in real property for the use or occupation of a Beneficiary or in other non-income-producing assets such as unsecured interest-free loans.

(j) To hold, use, surrender, exchange, invest, lease, rent, mortgage, manage, sell, repair, improve, dispose of, or give options without being limited as to term and to repair, improve, insure, or otherwise handle any and all real property or personal property belonging to my estate as my Executor deems prudent and necessary without liability for loss or depreciation, including but not limited to any shares, units, debentures or securities of any company or trust.

(k) To purchase, acquire, liquidate, maintain, sell, lease, surrender, exchange or convert any investments or securities, and to vote stock or exercise any option concerning any investments or securities on whatever terms as my Executor determines without liability for loss.

(l) To enter into any leases on whatever terms my Executor may choose.

(m) To sell, call in and convert into money any part or the whole of my estate.

(n) To postpone or delay the sale or conversion of any part of my estate for as long as the Executor chooses, without liability for loss.

(o) To contribute to a superannuation, pension, or annuity fund for the benefit of a Beneficiary, or to facilitate, direct or allow such a contribution.

(p) To acquire any pension, annuity or other income stream for the benefit of a Beneficiary, or to facilitate, direct or allow such an acquisition.

(q) To contribute to a Special Disability Trust (within the meaning of the Social Security Act 1991 or the Veterans' Entitlement Act 1986), or to facilitate, direct or allow such a contribution.

(r) To treat any income from assets held by my Executor which is derived or received pending the satisfaction of a contingency, or which is derived or received during a life interest, as income arising at the time it is received by the Executor and not at some other time period.

(s) To purchase any part of my estate, provided that it is purchased on terms that would be provided to an arm's length purchaser and provided that it is purchased at a value determined by a qualified valuer.

(t) To make declarations in relation to the beneficial ownership of specific assets of my estate, which may include but is not limited to business goodwill or any insurance policies (such as life insurance policies).

(u) To delegate any power or discretion that my Executor may hold, and to execute any powers of attorney or other documents or instruments as required in order to give effect to such delegation.

(v) To continue to operate, or to direct, facilitate or permit the continued operation of, any business that exists at the time of my death, including but not limited to by employing any person(s) (including my Executor themselves) in the conduct of such business.

(w) To access, transfer, close, use, or otherwise deal with any of my digital accounts, email accounts, social media accounts, online accounts, software licences or subscriptions, media licences or subscriptions, data, or content stored in any electronic form or device; and for this purpose I hereby assign all of my relevant ownership rights, licences and intellectual property rights to my Executor to the maximum extent permitted by law, and I hereby request that any relevant service provider, account provider, digital platform provider, software licensor or other party that I have contracted with, honours this provision as sufficient written authority to allow my Executor to deal with my affairs.

(x) To maintain, settle, abandon, sue, or defend, or otherwise deal with any lawsuits brought against my estate.

(y) To compensate any lawyers, accountants or any other persons who may be deemed necessary for proper administration and to delegate authority when delegation would be prudent and necessary to the benefit of the trust or estate.

(z) To exercise and continue any power provided in this section not withstanding the termination of the trust until all assets of the trust have been distributed.

Advances to a Prospective Beneficiary

(12) The term "Prospective Beneficiary" used throughout this section of my Will means any person that is expected to become a Beneficiary of a part of my estate at some future date.

(13) If any part of my estate is held on trust in the expectation that a Prospective Beneficiary will become the Beneficiary of that part of the estate, then:

(a) My Executor will have the authority to pay or apply any part of the net income or capital of that part of my estate for the maintenance, support, advancement, education, accommodation, food, clothing, medical, dental and other day to day needs of that Prospective Beneficiary, or of a person considered by my Executor to be a dependant of that Prospective Beneficiary.

(b) My Executor may make payments, without seeing to their application, to the care giver of the Prospective Beneficiary, and may accept the receipt of the receiver of such payments as an absolute discharge.

(C) CARE FOR CHILDREN

(14) In the event that I die and leave children under the age of 18 years:

(a) I direct that ________ of ________ shall be appointed the sole guardian of my children (the "Guardian").

(b) If ________ is unable or unwilling to serve as Guardian, I appoint ________ of ________ to serve as the sole Guardian of my children.

(c) I direct that the Guardian shall be responsible for the day to day care, long term care, development and welfare of my children until they reach the age of 18 years.

(d) I direct that it is my wish that my Executor uses their powers to ensure that any person caring for my children (whether or not as Guardian), does not incur any financial burden or loss as a result of such care.

(e) In addition to any other powers that my Executor holds, I authorise my Executor to provide funds from my estate as reasonable and necessary to ensure that my children's maintenance, support, advancement, education, accommodation, food, clothing, medical, dental and other day to day needs are met, regardless of whether such funds may also directly or indirectly benefit my Guardian or the children of my Guardian.

(D) PET CARE

(15) I direct that my pet ________ , should it be alive and healthy at the time of my death, shall be cared for by ________ of ________ , as their own with all the rights and responsibilities of ownership. If the said ________ is unwilling or unable to care for my pet, I direct that my Executor shall select an appropriate person to accept the pet and act as their permanent guardian.

(16) I direct that my Executor give $ ________ (________ dollars) from the residue of my estate to the person who accepts the role of permanent guardian for ________ as a one-time reimbursement for the expense of caring for, feeding, and maintaining the health of my pet.

(17) If any of my pets are suffering, in poor health, or beyond reasonable treatment at the time of my death, I direct that, according to their discretion, my Executor shall have my pets humanely euthanised as soon as practicable. All costs relating to the medical care, treatment, and euthanasia of my pets during the period immediately following my death and prior to the adoption by a permanent guardian shall be paid out of the residue of my estate.

(18) If my Executor is unable to place any of my pets with a suitable caretaker or permanent guardian for any reason, with reasonable effort, I direct that, according to their discretion, my Executor shall give my pets up to a no-kill pet shelter where there is a reasonable likelihood that they will be placed with an alternative permanent guardian.

(E) FORGIVEN DEBTS

(19) I wish to forgive the following debts owed to me:

(20) If any amount of the above debts are still outstanding at the time of my death and where the debtors survive me and do not contest my Will in any way, then I release and forgive any remaining portion of those debts, including both the principal and the interest, and I direct my Executor to cancel and discharge that debt and deliver to the debtors any and all securities or evidence of the cancellation of that debt. Any expenses related to the cancellation of any debts will be paid out of the residue of my estate. If any debtor does not survive me or if any debtor contests my Will for any reason, then all obligations associated with the associated debt will remain outstanding and I direct my Executor to collect the debt in full.

(F) DISPOSITION OF ESTATE

(21) To receive any share of the residue of my estate under this Will, a Beneficiary must survive me by 30 days and attain the age of ________ years. Any references in this section to a person who survives me means a person who survives me by 30 days and attains the age of ________ years.

(22) Beneficiaries of my residue estate will share in all of my property and assets that I have not bequeathed via specific gifts or are otherwise required for the repayment of debts owed, including but not limited to burial or funeral expenses, expenses associated with probating this Will, payment of taxes, or any other expenses associated with administration of my Will. The residue of my estate is to be distributed between the Beneficiaries I have designated here with the Beneficiaries each receiving a share of the residue of my entire estate. All property distributed under this Will is subject to any encumbrances or liens attached to the property.

(23) I direct that:

(a) The residue of my estate shall be distributed in equal shares to such of my currently living or future children who survive me by 30 days and attain the age of ________ years.

(b) If a child of mine does not survive me by 30 days and attain the age of ________ years but leaves children of their own who survive me by 30 days and attain the age of ________ years, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me by 30 days and attain the age of ________ years.

(24) If no above named Beneficiaries survive me, the residue of my estate shall be distributed to my legal heirs, their identities and respective shares to be determined by the intestacy laws of Australian Capital Territory .

(G) FUNERAL WISHES

(25) I declare that my funeral wishes are as follows:

(H) ORGAN DONATION

(26) I declare that it is my wish that my body be made available for organ and tissue donation.

(I) BINDING DEATH BENEFIT NOMINATION

(27) I wish to draw my Executor's attention to the fact that, at the time of preparing this Will, I have made a binding death benefit nomination in relation to my superannuation account with ________ .

(J) 8558285258 82 88 58558555

( ________ ) 52 522 82222888552 588885828 522 25 588 22 252 588228 2552 2522 82585 225258882 5582 52828825 52525 2588 2888, 252 588228 85885 2522 82585 5582 52828825 8888 82 52582 8825 82 22 55285225 58 252525 2552 82222888552 555 222 85588825 22.

( ________ ) 52 522 82222888552, 552 22 8522552282, 52 55552222222 8825 852582258 25 225258882, 82585 222 2258225882 8222282 2522 5 588258852822 22 588228 25288525 52525 2588 2888, 22 55285225 252 82288525 252 82222888552 22 5582 5888858225 25282 588228 52525 252 252825822 885582 22 2588 2888.

(K) MISCELLANEOUS PROVISIONS

(28) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.

(29) Unless expressly provided otherwise, any reference to the singular in this Will includes the plural and vice versa.

(30) If the inclusion of any word or provision in this Will is going to cause any part of this Will to be invalid, then this Will should be construed as if that word or provision was not included in this Will.

Individuals Omitted from Bequests

(31) If I have not bequeathed property or any portion of my estate in this Will to one or more of my heirs, the failure to do so is intentional and not due to any oversight on my part, except as otherwise expressly provided in this my Will.

(32) If the value of my estate is insufficient to fulfill all of the bequests that I have described in this Will, I direct that my Executor decrease each bequest by a proportionate amount according to my Executor's discretion and best judgment.

Disputes 8228222 Beneficiaries

(33) 52 522 8285282 52858528 2552 252 8285282 82 58825885225 8228222 25 52222 25828282 8222288855828, 252 82288288 82228 22 25222522 8222588822 252 5282282882 855528 85588 82 5222528225 82 8585 8222288855828 82 2522 852 52522, 525 82 2522 852222 52522 28822 5258225882 2822 22 52 82, 82 22 55285225.

(34) If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect wherever possible.

SIGNED by the Testator in ___________________________ (city/town) on this ______ day of ___________________ 20___________.

______________________________________
________ , Testator

SIGNED by the Testator in our joint presence, and attested by us in the presence of the Testator and each other:

___________________________
Witness #1 Signature

___________________________
Witness #1 Printed Name

___________________________
Witness #1 Occupation

___________________________
Witness #1 Address

___________________________
Witness #2 Signature

___________________________
Witness #2 Printed Name

___________________________
Witness #2 Occupation

___________________________
Witness #2 Address

Preview your document

LAST WILL AND TESTAMENT OF ________

I, ________ , presently of ________ , declare that this is my Last Will and Testament.

(A) PRELIMINARY DECLARATIONS

(1) I revoke all prior Wills and declare this to be my Last Will and Testament.

(2) I am not married or in a de facto relationship.

(3) I have ________ living children, as follows:

________ , born on ________