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Australian Legal Templates

Will for Blended Family

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Will for Blended Family

 

 

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A blended family is a family in which one or both partners have a child or children from a previous relationship. Careful estate planning now should ensure that all of your intended beneficiaries are provided for when you die and that the potential for conflict within the family unit is minimised.

Wills involving a husband and a wife with one or more children of their marriage generally make wills of a fairly standard nature – they leave their assets to each other, or failing that they leave their mutual assets to their children.

A will template for  blended family is drawn up when when two partners come together with one or both partners having children from a previous relationship.

 

 

 

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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