Single Will Template

Download the single will template in word format.  Simply download edit, save and reuse as many times as you need.

Single Will

For a Single Person  (no spouse).

Includes drafting notes and instructions on signing.

Single Will Template contains all the essentials including:

  • evocation of prior wills
  • death, survival of beneficiary
  • appointment of executors and trustees
  • order of payment of Estate
  • pecuniary legacies (cash amounts)
  • gift of residue of Estate
  • gift to children and grandchildren
  • any parts that are not needed can be deleted
  • powers of trustees
  • execution clause

 

Single Will Template is a total of 5 pages long.

 

Single Will Template – Will Signing Instructions

How to Sign your Will

  1. You must sign and date your Will in the presence of two witnesses at the same time. It is best that all three persons use the same pen as proof of the fact that they were together at the same time.
    1. Your witnesses should not be beneficiaries or potential beneficiaries under your Will. There is a presumption at law that a beneficiary who has also witnessed a Will may have used undue influence in order to obtain a gift in the Will. The law therefore invalidates gifts to beneficiaries who serve as witnesses. The same applies to spouses of beneficiaries.
    2. Subject to the above, your Will can be witnessed by anyone who is of sound mind and at least 18 years old.
  2. You should review your Will in the presence of your witnesses, then sign it on the last page and the foot of every page, using your normal signature. Take care not to miss any pages. Then write the date on your Will.
    1. Both witnesses must see you sign your Will. They also need to see each other sign as witnesses. This requires you and your witnesses to be present at the same time.
    2. Your witnesses should view every page so they can confirm, if asked, that there were no amendments when you signed your Will. They do not, however, need to read the Will or know what it says.
  3. After you have signed and dated your Will the first witness must then sign at the bottom of each page and at the end of the Will immediately below the attestation clause in the space provided. The second witness then follows this same procedure. The witnesses should include their full names, occupations and addresses so they can be located in the future if it becomes necessary for them to verify that you signed the Will. You should confirm that each witness has signed where required.  Do this while they are all still in the same room. Finally, make sure all pages of your Will are stapled together.

 

Storing Your Will

Keep your Will in a safe place and tell your executors where you have put the original.  You may also consider giving your executors a copy of the Will. There is no requirement to register your will or do anything else with it.

 

 

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Single Will Template

 

WILLS

BACK GROUND

A will is a document containing a person’s instructions as to how their property is to be distributed after their death.  Failure to make a will results in the distribution of the assets of the deceased being determined by statute. The law relating to wills in New South Wales is covered by the Succession Act 2006.

However, the issues arising from including or excluding children from former relationships in clients wills are now commonplace. This demands an understanding of the options and pitfalls inherent in some apparent solutions as well as the provisions of the Succession Act 2006 relating to family provision claims. cludes a person who was either married to or in a domestic partnership with the intestate. Domestic partnership means a relationship for a continuous period for at least 2 years prior to death or one that has resulted in the birth of a child. There can be multiple spouses.

Order of succession

The intestate leaves a spouse or multiple spouses and no issue or issue who are all issue of the intestate and the surviving spouse or spouses

The spouses share the whole estate equally or by other agreement or by distribution order. The issue receive nothing.

The intestate leaves either one or multiple spouses and in either case not all of the issue are also issue of the spouse or spouses

Where there are multiple spouses, unless they have entered into a written agreement or the Supreme Court has made a distribution order the spouses share equally the statutory legacy, the intestate’s personal effects and one half of the remainder of the estate. The other half of the remainder passes to the issue of the intestate per stirpes.

No spouses, any issue

Equally between issue or if any predecease leaving issue their issue share equally in that share.

No spouse, no issue

  • First to parents
  • Then brothers and sisters whole or half blood
  • Then grandparents
  • Then aunts and uncles whole or half blood
  • Then first cousins of the share of any predeceasing aunt or uncle
  • Then to the Crown as bona vacantia

Indigenous persons’ estates

The Act provides for an application to be made to the court for a variation of the order of distribution to take into account the laws, customs traditions and practices of an indigenous community.

Definition of personal effects 

“Personal effects” of an intestate means the intestate’s tangible personal property except the following:

(a) property used exclusively for business purposes,

(b) banknotes or coins (unless forming a collection made in pursuit of a hobby or for some other non-commercial purpose),

(c) property held as a pledge or other form of security,

(d) property (such as gold bullion or uncut diamonds):

(i) in which the intestate has invested as a hedge against inflation or adverse currency movements, and

(ii) which is not an object of household, or personal, use, decoration or adornment,

(e) an interest in land (whether freehold or leasehold). 

Spouse’s preferential right to acquire property from the estate

A spouse (where there is not more than one) has a right to elect to acquire any property from the estate at its market value at the date of death subject to conditions.

The election requires the Court’s authorisation if (a) the property forms part of a larger aggregate and (b) the acquisition could substantially diminish the value of the remainder of the property or make the administration of the estate substantially more difficult. The Court may impose such conditions as it considers just and equitable to address these matters, including a condition that the spouse pay compensation to the estate in addition to consideration to be given for the property and a condition as to costs. The Court must refuse authorisation if it considers that the matters cannot be adequately addressed by granting an authorisation subject to such conditions.

A spouse is not entitled to elect to acquire property unless mandatory provisions are complied with and the costs of complying with the provisions are paid by the spouse.

A spouse who is a personal representative of the intestate is not prevented from making an election to acquire property from the intestate estate by the fact that the spouse is a trustee of the intestate estate.

Nothing in this section confers on a spouse any right against a person who in good faith purchased for value from the personal representative of the intestate any property of the intestate.

An intestate’s personal representative must, within one month of the grant of administration of the intestate estate, give notice to the intestate’s spouse of their right of election stating how the right is to be exercised, and that the election may be subject to the Court’s authorisation and the circumstances in which such an authorisation is required, and that the right must be exercised within 3 months (or a longer period allowed by the Court) after the date of the notice.

Notice is not required under this section if the spouse is the personal representative, or one of the personal representatives, of the intestate.

The election must be made within 3 months after the date of the notice, or if the spouse is the intestate’s personal representative within 3 months after the grant of administration of the intestate estate.

The Court may, however, if it considers there is sufficient cause for doing so, extend the time for making the election.

FINALISATION

Revising the will

Testators should be encouraged to review their will regularly. The events which may lead to a change of will include a change in asset holdings whether by disposition, acquisition or inheritance, a change by way of marriage or divorce or the entering of a de facto relationship or a change in tax or superannuation laws. Superannuation arrangements also need review particularly as nominations require renewal.

 

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