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Estimated Time to Build: 30 - 40 minutes
Jurisdiction: Australia Wide
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Download the Will - Single With Children Checklist
Sample is not available for this document.
Your Last name is your Family Name.
For example, your full name is "Peter Bernard Smith". Therefore, you would put:
First Name: Peter
Middle Name: Bernard
Last Name: Smith
Many countries, particularly non-western countries, put their Last name first. For example, this young lady's name is "Lu, Lisa Ye San". "Lu" is the last name. Therefore:
First Name: Lisa
Middle Name: Ye San
Last Name: Lu
This Will that you are building with LawCentral ensures that your name is expressed in the Will in a way that is preferred by the Government Departments in Australia. In this young lady's case her full name appears in the Will as Lisa Ye San Lu. That is the best format for an Australian Will.
This hint is provided by Law Central Legal.
Write all your middle names in the box marked "Middle Names".
For example your name is "Ye San Shu Sha Fi Yi Lu". "Ye" is your first name. "Lu" is your last night.
Therefore:
First Name: Ye
Middle Name: San Shu Sha Fi Yi
Last Name: Lu
This hint is provided by Law Central Legal.
Why pay LawCentral to build your Will? Can’t you just do it yourself? Yes, you can but homemade Wills make lawyers rich. Homemade Wills can create disputes and ambiguity.
There are 2 languages in this world: normal language and lawyer language. The court looks at lawyer language.
What does “all my personal belongings” mean? Does it include the car and the bankbooks? Is this legal: “My husband can live in the house until he remarries?”
“Everything to my children”. What does “children” mean? The family court alone has 4 definitions of this word.
Seek quality. Build your Will at LawCentral. LawCentral gives you:
1. Privacy
2. Immediacy: Do it now - and get it now
3. Freedom: Do it your way - don't have a lawyer looking at you
4. Flexibility
This hint is provided by Law Central Legal.
In Australia if you die without a Will then you die “intestate”. However, you can’t really die without a Will because each state government gives you a Will of sorts. Without your own Will the state government takes charge. The state government distributes your property according to the laws of the state in which you die.
Such acts as the:
Administration Act (WA)
Succession Act 1981 (Qld)
Wills, Probate and Administration Act 1898 (NSW)
Administration and Probate Act 1958 (Vic)
Wills Act 1997 (Vic)
Administration and Probate Act 1919 (SA)
Wills Act 1936 (SA)
Administration and Probate Act 1935 (Tas)
Wills Act 1992 (Tas)
provide a complex formula specifying who is entitled to the intestate person's property. The lucky punters are:
1. the taxman (via Capital Gains Tax, state duty and Income Tax)
2. surviving spouse, separated spouse and defacto spouse;
3. children;
4. next of kin, including parents, siblings, nephews and nieces;
5. the government (after the state and federal tax office take their share the rest goes to the state government if your relatives can’t be found or identified)
These laws often result in your property being distributed against your wishes in an unfairly rigid order.
If you die without your own Will then you die a rudderless ship. Don't let the government meddle in your affairs, do a Will.
This hint is provided by Law Central Legal.
This Will works in every state and territory in Australia. This Will operates throughout Australia. In other words this Will works in NSW, Qld, Victoria, South Australia, Tasmania, WA, NT and ACT.
This Will is for assets that you have in Australia. If you have assets in other countries then you may need to do a Will in that country or jurisdiction as well.
This hint is provided by Law Central Legal.
1. Company assets
Company assets remain company assets. You can only refer to the shares in the company in the Will.
2. Family Trusts
Family Assets remain in the Family Trust. "Loan Accounts" however belong to the owner.
3. Joint Tenancy
You can own an asset with another person as "Joint Tenancy" or "Tenants in Common". If you own the asset as "Joint Tenants" then the survivor gets the assets - it doesn’t go into your Will. Your Will can’t control the asset, if you die first. You can destroy the “Joint Tenancy” by transferring the property back into the same names but as “Tenants in Common”. If you then die your interest in the asset goes into your Will. There are usually no state duty or Capital Gains Tax implications on such a transfer.
4. Superannuation
Super may or may not go into your Will. It depends on whether you have an enforceable binding nomination. If you don't then it depends on the discretion of the Trustee of your Super Fund.
This hint is provided by Law Central Legal.
The Wills Handbook tells you how to sign a Will and gives help to your family about things they need to do when you die.
The Handbook is a gift to you only once you have build and paid for your Mutual Wills.
The Handbook won't help you prepare up your Mutual Wills. The Hints help you prepare the Will - not the Handbook.
This hint is provided by Law Central Legal.
No, a Will does not require the signature of a solicitor.
A Will can be witnessed by any adult. However, a beneficiary must not witness the Will.
The LawCentral Will comes with a complete signing directions Manual for you to follow.
This hint is provided by Law Central Legal.
A Will is basically a legal document that allows a dead person to tell living people what to do and they have to do it. This is an awesome power if you think about it. Not only does this allow a person to speak from beyond the grave, a Will also achieves a level of obedience that is seldom seen during life.
The most common function of a Will is to transfer the ownership of a deceased's assets to a designated beneficiary. Any assets that don't transfer automatically upon your death (e.g., Superannuation, family trust assets and real estate and bank accounts owned jointly with another) end up as part of the estate. A Will, then, acts as a back-up plan for how these assets get distributed once they are stuck in the estate.
On a similar note, a Will states who is to inherit assets from the estate. A Will can be used to distribute assets to a specific person(s) or to a favourite charity. A Will can also be used to leave a gift of a cherished item or monetary amount to somebody special left behind (e.g., caretaker or family friend). Without a Will, assets in the estate get distributed according to rigid state rules that don't always match your intentions, especially if they end up by default in the state's coffers.
This hint is provided by Law Central Legal.
Any Estate Planning or any Testamentary Trust?
Sorry, this is a straight forward Will. It is a simple Will. There is no consideration of your taxation matters.
There is no Estate Planning. There are no Testamentary Trusts in your Will.
There are about a dozen tax law firms in Australia, such as Law Central Legal, that can attend to Estate Planning and Testamentary Trusts.
Please contact Law Central Legal on (08) 9476 4900 or by email on support@lawcentral.com.au if you would like to speak to someone about a more complex Will.
This hint is provided by Law Central Legal.
The address in your Will is mostly used to identify you. There may be 2 "Jason Richard Brown" living in Australia.
Therefore, you should put in the address that you are living in at the time you sign your Will.
This hint is provided by Law Central Legal.
Sorry to hear that. However, you will need to put in the address of where you are sleeping the night you sign your Will.
If you are staying with your great aunt for a few months then put in her address.
This hint is provided by Law Central Legal.
Generally, when you have the Will "proved" the Courts like to see a residential address. They may get upset if they just see a Post Office Box as the address.
There may be many people on the planet with a name the same as yours. Your address on the day that you made your Will helps identify who you are.
This hint is provided by Law Central Legal.
It looks better in the Will to put in the full name rather than the abbreviation.
However, both are correct. For example, Victoria could also be ‘Vic’.
This hint is provided by Law Central Legal.
That is an interesting question.
You should put in an address that clearly identifies you. The purpose of the address is to identify you.
If you are holidaying overseas then, yes, put in your residential address back in Australia.
There is a belief amongst some lawyers that the Probate office would prefer to see an address in Australia.
This hint is provided by Law Central Legal.
That is ok.
Any unborn children will be covered in this Will.
The Will refers to the names of the children you enter and "any child of mine born after the date of this Will".
This hint is provided by Law Central Legal.
What happens if one your beneficiaries is too young to get the gift?
If you die and your beneficiaries are at an age that you feel is too young to be financially responsible, then you can hold your estate in trust for them until they reach a certain age.
Clients are tending to have higher ages for this than previously. For example, nominating the age 23, so then their children have completed University before they receive control of your estate.
The youngest age you can get a gift under a Will is 18 years.
This hint is provided by Law Central Legal.
This is a personal question. Most people set the general Age of Majority at 18. However, you can make the age any age you want. It is your Will.
Some people select 21 years of age.
This hint is provided by Law Central Legal.
Yes, you can appoint a person not yet born or who is under 18 years of age. However, a person can only take up the job of Executor at the minimum age of 18 years.
For example, you have a child. She is 8 years of age. You are leaving everything to your child. Why not then make your child your Executor. You do so. However, in the unlikely event that you die before your child turns 18 years of age (or 21 or any other age) then you can appoint a 'Substitute Executor'.
So yes, you can appoint a person under 18 years of age. However, they can't take up that role unless they are a minimum of 18 years of age. Therefore, you need a Substitute Executor. Later you will be asked about a Substitute Executor.
At the moment we are only asking about the initial Executor. You can do the Substitute Executor later.
This hint is provided by Law Central Legal.
This is a simple Will.
You can only appoint one Executor and one Substitute Executor.
If you are leaving everything to your child then you can appoint your child as Executor - even if they aren't born yet. (Of course you will need a Substitute Executor in case you die before he or she reaches the Age of Majority - or are never born.)
If you would like a more complex Will prepared, where you can appoint more than one Executor (for example, all your children), please contact Law Central Legal on (08) 9476 4999 or send an email to support@lawcentral.com.au
This hint is provided by Law Central Legal.
This is a simple Will.
You can only appoint one Executor and one Substitute Executor.
If you would like a more complex Will prepared, where you can appoint more than one Executor (for example, all your children), please contact Law Central Legal on (08) 9476 4999.
This hint is provided by Law Central Legal.
This is a simple Will.
You can only appoint one Executor.
If you would like a more complex Will prepared, where you can appoint more than one Executor, please contact Law Central Legal on (08) 9476 4999.
This hint is provided by Law Central Legal.
You need to put in an address for your Executor for certainty.
If the person is a distant relation living in Italy then best to put in the address so that the person can be identified.
If the Executor changes his or her address then that is OK. The address is only to identify the Executor. (The purpose of the address is not to find your Executor. You are best to keep an address book near where you keep your other valuable documents so that your Executor can be tracked down from the address book.)
This hint is provided by Law Central Legal.
Yes, you can appoint partners in a business or a group of people. However, you have to be careful. If you appointed any 2 partners at a particular law firm, then your appointment would fail. Why? Because you have left no direction as to which 2 should be selected. You should have appointed "all the partners of the [law firm name]"
or
"all the partners of John Smith Accountants"
If the law firm or accounting house has 35 partners then it is an easy matter for 34 of them to "renounce" and just let the Probate partner do the job of being Executor.
To insert a group like this just type in the sentence over the "First Name" and "Last Name" like this:
First Name: the partners of
Second Name:
Last Name: [law firm name]
Don't forget:
1. Professionals charge fees to administer the estate or prepare up financial statements. Your family may be better off being the Executor and just giving the lawyer or accountant these difficult jobs. That way your family stays in charge.
2. You will later have the opportunity to put in a "Substitute Executor". It may be more appropriate to consider professional people as substitutes rather than "Initial Executors".
This hint is provided by Law Central Legal.
Yes, you can appoint all the members of your football club (would anyone really want to do that?). However, you have to be careful. If you appointed any 2 members at Swan Double Bay Football Club then your appointment would fail. Why? Because you have left no direction as to which 2 should be selected.
You should have appointed "all the members of the Swan Double Bay Football Club".
or
"all the partners of John Smith Accountants"
If the football club has 35 members then it is an easy matter for 34 of them to "renounce" and just let the 1 member do the job of being Executor. (This is provided you can find them all and they are happy to renounce.)
To insert a group like this just type in the sentence over the "First Name" and "Last Name" like this:
First Name: all the members of
Second Name:
Last Name: Swan Double Bay Football Club
Be careful also that the appointment of the Executor is "certain" and "unambiguous". Make sure the group has a definite membership list that can be checked.
This hint is provided by Law Central Legal.
If you have a child, then appoint him or her. In the unlikely event that they are too young then your Substitute Executor can do the job. (The Substitute Executor is coming up as a question soon.)
The perfect Executor is the person that gets all your goodies. If the Executor is too young or unable to look after themselves then appoint a law firm, accounting house, financial adviser or Trustee company to do the job. They all however, charge fees, one way or another.
This hint is provided by Law Central Legal.
Yes, the Executor can be both an Executor and Beneficiary.
If you are leaving everything to your child, then it makes sense to make him or her your Executor. If the child is under 18 years of age (or any age you select), then you can use the Substitute Executor.
This hint is provided by Law Central Legal.
You need to put in your Initial Executor first. Later you will be asked if you want to add a Substitute Executor - this is just in case the initial Executor dies or isn't of age yet.
This hint is provided by Law Central Legal.
Specific Gifts are not popular. Most people leave everything they own to their Spouse or their children in equal shares. If you are happy to do that then don't put in any Specific Gifts.
It is not a good idea to leave specific gifts if you are going to sell or give them away before you die. You could lose or use up the gift.
Instead of Specific Gifts think about leaving a "wish" list on a separate piece of paper. However, they aren’t binding on the Executor.
If you want a binding Specific Gift then you will need to complete this.
This hint is provided by Law Central Legal.
Any Specific gift added in this Will, comes out of the Estate before the residuary of the estate is distributed to the beneficiaries as set out in the residuary clause of the will.
It is important to note that if the item, the subject of a specific gift is disposed of before the death of the will maker then this gift will fail.
If the will maker wishes to bequeath an item that is likely to be sold or disposed of and then replaced (i.e. a car) then the will maker may wish to make a generic gift – i.e. I give “any car I own at the time of my death” as opposed to giving “my 2022 BMW motor car”.
This hint is provided by Law Central Legal.
For a Will to be effective it must be certain. You therefore need to describe the gift with certainty. This creates complications. Let's say you want to leave all the money you have in your Commonwealth Bank Account, Number 387439744, to your nephew. Should you describe the gift as "all money in my account in my name being Commonwealth Bank, Account Number 387439744"?
What happens if the bank gives this account another identification number? What happens if you get Alzheimer’s Disease and your power of attorney moves the money to another bank for a better interest? You can't change your Will because you no longer have mental capacity.
This is yet another reason validating why we don't like Specific Gifts.
You could try all the money currently in "Commonwealth Bank Account Number 387439744", but does that include the interest? What if the money is put in another account - more money is then put in and then taken out. What money were you talking about?
This hint is provided by Law Central Legal.
You need to describe the real estate with certainty.
This is an example only:
22 Grenville Street, Double Bay, Western Australia, being all the land contained in Lot 34 on Plan/Strata Plan/Diagram 52 Volume 34 Folio 7.
If you want your brother to have your interest in your family home then add to the description something like "however, if I am no longer living at that address then all interest that I may have in the property that I am living as my usual place of residence at the date of my death". Of course if you moved into a rented retirement home then your brother will get nothing from this gift. That is another reason why we don't like Specific Gifts.
This hint is provided by Law Central Legal.
The Specific Gift may no longer be in existence. It may have been lost, destroyed or used up.
For example, you may give away your V12 Jaguar sports as a Specific Gift. If you sold the V12 before you died then that gift merely fails in the Will.
This hint is provided by Law Central Legal.
If any person dies then that Specific Gift fails and the Specific Gift goes back to the Estate.
This hint is provided by Law Central Legal.
Yes, you can. For example, you may want to leave all your jewellery to your daughter. If you give some of that jewellery to your daughter before you die, then she doesn't get it again when you die, as she already has it.
Another example: you give away all your tools to your friend next door. In your Will you left all your tools to your son. Your son misses out. The Specific Gift fails because you died with no tools. Your son can't ask the Executors to pony up for the value of the tools. The gift fails and your son gets no tools.
This hint is provided by Law Central Legal.
You can leave a gift to a charity however this Will is not designed to allow for gifts to charities. This is because gifts to charities need careful drafting.
If you wish to leave a specific gift to a charity talk to a lawyer - contact Law Central Legal on (08) 9476 4999 or by email on support@lawcentral.com.au
This hint is provided by Law Central Legal.
Specific Gifts are not popular. Most people leave everything they own to their Spouse or their children in equal shares. If you are happy to do that then don't put in any Specific Gifts.
It is not a good idea to leave specific gifts if you are going to sell or give them away before you die. You could lose or use up the gift.
Instead of Specific Gifts think about leaving a "wish" list on a separate piece of paper. However, they aren’t binding on the Executor.
If you want a binding Specific Gift then you will need to complete this.
This hint is provided by Law Central Legal.
For a Will to be effective it must be certain. You therefore need to describe the gift with certainty. This creates complications. Let's say you want to leave all the money you have in your Commonwealth Bank Account, Number 387439744, to your nephew. Should you describe the gift as "all money in my account in my name being Commonwealth Bank, Account Number 387439744"?
What happens if the bank gives this account another identification number? What happens if you get Alzheimer’s Disease and your power of attorney moves the money to another bank for a better interest? You can't change your Will because you no longer have mental capacity.
This is yet another reason validating why we don't like Specific Gifts.
You could try all the money currently in "Commonwealth Bank Account Number 387439744", but does that include the interest? What if the money is put in another account - more money is then put in and then taken out. What money were you talking about?
This hint is provided by Law Central Legal.
You need to describe the real estate with certainty.
This is an example only:
22 Grenville Street, Double Bay, Western Australia, being all the land contained in Lot 34 on Plan/Strata Plan/Diagram 52 Volume 34 Folio 7.
If you want your brother to have your interest in your family home then add to the description something like "however, if I am no longer living at that address then all interest that I may have in the property that I am living as my usual place of residence at the date of my death". Of course if you moved into a rented retirement home then your brother will get nothing from this gift. That is another reason why we don't like Specific Gifts.
This hint is provided by Law Central Legal.
The Specific Gift may no longer be in existence. It may have been lost, destroyed or used up.
For example, you may give away your V12 Jaguar sports as a Specific Gift. If you sold the V12 before you died then that gift merely fails in the Will.
This hint is provided by Law Central Legal.
If any person dies then that Specific Gift fails and the Specific Gift goes back to the Estate.
This hint is provided by Law Central Legal.
Yes, you can. For example, you may want to leave all your jewellery to your daughter. If you give some of that jewellery to your daughter before you die, then she doesn't get it again when you die, as she already has it.
Another example: you give away all your tools to your friend next door. In your Will you left all your tools to your son. Your son misses out. The Specific Gift fails because you died with no tools. Your son can't ask the Executors to pony up for the value of the tools. The gift fails and your son gets no tools.
This hint is provided by Law Central Legal.
You can leave a gift to a charity however this Will is not designed to allow for gifts to charities. This is because gifts to charities need careful drafting.
If you wish to leave a specific gift to a charity talk to a lawyer - contact Law Central Legal on (08) 9476 4999 or by email on support@lawcentral.com.au.
This hint is provided by Law Central Legal.
When you die you have only one right. That is the right to burial. You can however, put into you Will instructions to your Executor regarding how you wish to have your body disposed of.
For example, you can leave the wish to be cremated and the ashes sprinkled into the breeze at your favourite location, or you can have your body donated to science. You can ask that you are buried according to religious rights.
However, it is best to also discuss these wishes with your Executor and family members as often the process is completed before your Will is looked at.
This hint is provided by Law Central Legal.
That is a good question.
The sad answer is that you get buried or cremated before anyone takes a peek at your Will.
In many respects your Will is only really suppose to do one thing - that is - get rid of things you own. It isn't designed to dispose of your body.
Therefore, it is important to let your next of kin, loved ones and Executors know what you want done. The Will only helps back up what you want.
You can also pre-pay your funeral. That helps set the direction as to your wishes.
This hint is provided by Law Central Legal.
Well then, answer "yes" to this question and then on the next page you can tell us how you want your body disposed of.
This hint is provided by Law Central Legal.
Well then, answer "yes" to this question and then on the next page you can tell us how you want your body disposed of.
This hint is provided by Law Central Legal.
Well then, answer "yes" to this question and then on the next page you can state in your Will the religious rites you want for your funeral.
This hint is provided by Law Central Legal.
Your Will is an economic document. It gives away what you own. Your Executor has to follow that economic direction to the letter.
However, your Executor is not bound to follow your wishes when it comes to your physical remains.
You can however, put into you Will instructions to your Executor on how you wish to have your body disposed. These are just "wishes" and "hopes".
For example, you can leave the wish to be cremated and the ashes sprinkled into the breeze at your favourite location, or you can have your body donated to science. You can ask that you are buried according to religious rites.
However, it is best to also discuss these wishes with your Executor as generally the process is completed before your Will is even opened. For example, if you want to donate your body to science then you need to fill out forms with the government and relevant universities.
This hint is provided by Law Central Legal.
So you want to be silent about what you want done with your body?
Well that is easy. Just press "No".
It isn't legally binding anyway. It is a "wish". Often your Will is only read after you are cremated or buried.
This hint is provided by Law Central Legal.
When you die you have only one right. That is the right to burial. You can however, put into you Will instructions to your Executor regarding how you wish to have your body disposed of.
For example, you can leave the wish to be cremated and the ashes sprinkled into the breeze at your favourite location, or you can have your body donated to science. You can ask that you are buried according to religious rights.
However, it is best to also discuss these wishes with your Executor and family members as often the process is completed before your Will is looked at.
This hint is provided by Law Central Legal.
That is a good question.
The sad answer is that you get buried or cremated before anyone takes a peek at your Will.
In many respects your Will is only really suppose to do one thing - that is - get rid of things you own. It isn't designed to dispose of your body.
Therefore, it is important to let your next of kin, loved ones and Executors know what you want done. The Will only helps back up what you want.
You can also pre-pay your funeral. That helps set the direction as to your wishes.
This hint is provided by Law Central Legal.
Well then, answer "I want to be buried" to this question. You can also specify whether you would like the Executor to follow the rites of your faith.
This hint is provided by Law Central Legal.
Well then, you have 2 choices. You can answer:
"I want to be cremated and my ashes to be disposed of as my Executor sees fit"
OR
"I want to be cremated and my ashes to be"
and then specify what you would like done with your ashes.
You can also specify whether you would like the Executor to follow the rites of your faith.
This hint is provided by Law Central Legal.
Well then, answer "To be used" to this question.
If you don’t want all of your organs and tissue to be used for organ donation, you can specify that on this page.
This hint is provided by Law Central Legal.
Well then, answer "Not to be used" to this question.
This hint is provided by Law Central Legal.
That is a good question.
The sad answer is that you often are buried or cremated before anyone takes a peek at your Will.
In many respects your Will is only really suppose to do one thing - that is - get rid of things you own. It isn't designed to dispose of your body.
Therefore, it is important to let your next of kin, loved ones and Executors know what you want done. The Will only helps back up what you want.
You can also pre-pay your funeral. That helps set the direction as to your wishes.
This hint is provided by Law Central Legal.
If you die leaving infant orphan children, then you can put in your Will a recommendation to the Family Court as to who you would like to care for your children. This is a recommendation only as the Family Court will make the final decision regarding who will have the care of your children. Even though this is only a suggestion to the Family Court, it is useful to put in this clause if you have young children as:
1. It helps your children understand your wishes; and
2. It gives notice to all of your family and friends of what you wanted.
It is a good idea to ask your preferred guardian first as they do not have to accept.
This hint is provided by Law Central Legal.
If you have children under 18 years of age then now is your chance to say who will look after your child or children if you die.
This hint is provided by Law Central Legal.
There are many government agencies, such as Child Welfare Services, Family Court and Children's Services that may get involved.
If you and your spouse live together with the child then it is highly likely that the child will stay with your spouse when you die.
The courts are keen to keep the child in an environment in which the child has become accustomed. The situation would be different if the child's remaining parent is not a good person.
This hint is provided by Law Central Legal.
If you have minor children, it is highly recommended that you make a Will if for no other reason than to name a guardian for them. Although the court deciding your children's fate does not have to follow your instructions, courts usually give a lot of weight to a deceased parent's wishes.
Without your input in a Will, a court will probably award the custody and care of your children to the nearest available relative (which may include somebody very undesirable to you that would make even a stranger seem more appealing).
The flip side to this issue is that you actually have somebody you can name as guardian. Like parenting itself, this is an awesome responsibility that should not be entered into lightly. You should carefully select your guardian. You should also obtain their consent in advance before listing them in your Will. Remember, a chosen guardian does not have to accept this responsibility and can refuse to take your children.
A good source of potential guardians is close friends or family members with kids of their own. Since they are in the same position as you, you can agree to make reciprocal provisions in your wills to take each other's children if needed.
This hint is provided by Law Central Legal.
This is a simple Will, so we only allow one guardian to be appointed at a time.
If you add more than one guardian, then the second (backup) guardian will only act as guardian if your first choice is unable to act as guardian of your children and so forth for subsequent backup guardians.
This hint is provided by Law Central Legal.
You can appoint one of your parents (if they aren’t too old by the time your youngest turns 18 years). You can also appoint the children's other grandparent as a backup guardian as well. Don't forget to leave instructions as to how you want your children brought up - location, religion, school. The list is endless.
This hint is provided by Law Central Legal.
If you die leaving infant orphan children, then you can put in your Will a recommendation to the Family Court as to who you would like to care for your children. This is a recommendation only as the Family Court will make the final decision regarding who will have the care of your children. Even though this is only a suggestion to the Family Court, it is useful to put in this clause if you have young children as:
1. It helps your children understand your wishes; and
2. It gives notice to all of your family and friends of what you wanted.
It is a good idea to ask your preferred guardian first as they do not have to accept.
This hint is provided by Law Central Legal.
If you have children under 18 years of age then now is your chance to say who will look after your child or children if you die.
This hint is provided by Law Central Legal.
There are many government agencies, such as Child Welfare Services, Family Court and Children's Services that may get involved.
If you and your spouse live together with the child then it is highly likely that the child will stay with your spouse when you die.
The courts are keen to keep the child in an environment in which the child has become accustomed. The situation would be different if the child's remaining parent is not a good person.
This hint is provided by Law Central Legal.
If you have minor children, it is highly recommended that you make a Will if for no other reason than to name a guardian for them. Although the court deciding your children's fate does not have to follow your instructions, courts usually give a lot of weight to a deceased parent's wishes.
Without your input in a Will, a court will probably award the custody and care of your children to the nearest available relative (which may include somebody very undesirable to you that would make even a stranger seem more appealing).
The flip side to this issue is that you actually have somebody you can name as guardian. Like parenting itself, this is an awesome responsibility that should not be entered into lightly. You should carefully select your guardian. You should also obtain their consent in advance before listing them in your Will. Remember, a chosen guardian does not have to accept this responsibility and can refuse to take your children.
A good source of potential guardians is close friends or family members with kids of their own. Since they are in the same position as you, you can agree to make reciprocal provisions in your wills to take each other's children if needed.
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This is a simple Will, so we only allow one guardian to be appointed at a time.
If you add more than one guardian, then the second (backup) guardian will only act as guardian if your first choice is unable to act as guardian of your children and so forth for subsequent backup guardians.
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Marriage revokes a Will. If you are getting married without making your Will in contemplation of your marriage to that person, then you may as well put your Will in the bin as it is will be revoked.
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That's fine. Just press "no".
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If you ever get married to your defacto then this invalidates the Will.
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In some states divorce destroys the Will. In other states divorce has no effect on the Will's validity.
If you are already divorced and are not ready to get married again then press "no".
If you are divorced and ready to marry someone else then press "yes" and enter your proposed spouse's name in the box.
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When making a Will you must know and understand what you are signing. You must either see or hear the written word. If you cannot see clearly, then you need someone to read the Will to you.
This is a simple Will.
If you are fully or partially visually impaired, it is important that your Will is prepared in accordance with your wishes and signed correctly. You should get some advice from a lawyer to make sure these issues are addressed properly.
Please contact Law Central Legal on (08) 9476 4999 or by email on support@lawcentral.com.au for expert legal advice.
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Yes, of course a blind person can make a Will. Provided a person is of sound mind they can make a Will - whether they can see or not.
It is common for people, especially as they get older, to not be able to focus properly on the written word.
However, this is a simple Will.
If you are fully or partially visually impaired, it is important that your Will is prepared in accordance with your wishes and signed correctly. You should get some advice from a lawyer to make sure these issues are addressed properly.
Please contact Law Central Legal on (08) 9476 4999 or by email on support@lawcentral.com.au for expert legal advice.
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It is common for people, especially as they get older, to not be able to focus properly on the written word.
However, this is a simple Will.
If you are fully or partially visually impaired, it is important that your Will is prepared in accordance with your wishes and signed correctly. You should get some advice from a lawyer to make sure these issues are addressed properly.
Please contact Law Central Legal on (08) 9476 4999 or by email on support@lawcentral.com.au for expert legal advice.
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The next question deals with this. This question is about whether your reading glasses are still operating.
We are not yet asking about your ability to understand the English language.
This question is about whether you have good eyesight.
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You must be of sound mind to make a valid Will. If you have suffered a stroke or have any other medical condition that might allow someone to say that you do not have mental capacity to make a Will, then you need to go to your doctor and get a note say that you are capable of making a Will, and then keep this letter with your Will.
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As your Will is created in English, you must be able to understand English to understand what you are signing. If you do not understand English the Will must be translated into a language you understand before it can be signed as a valid Will.
This is a simple Will.
If you cannot read or understand English, then you should get some advice from a lawyer to make sure your Will is prepared in accordance with your wishes and signed correctly.
Please contact Law Central Legal on (08) 9476 4999 or by email on support@lawcentral.com.au for expert legal advice.
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A Will must be signed in a formal way before it is considered a valid Will. For example, each page must be signed by the Will Maker and by two witnesses.
This is a simple Will.
If you cannot put pen to paper, then you should get some advice from a lawyer to make sure your Will is prepared in accordance with your wishes and signed correctly.
Please contact Law Central Legal on (08) 9476 4999 or by email on support@lawcentral.com.au for expert legal advice.
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This document has been prepared by Law Central Legal
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