SAMPLE NO. 2
W I L L
THIS IS THE LAST WILL AND TESTAMENT of me of
in the State of South Australia.
l. I DECLARE this to be my only current Will - revoking all others.
2. I APPOINT my spouse …………………………………………………………and the
persons who at the time of my death shall be holding the offices of Managing Director and
General Manager respectively of WILL MAKERS PTY LIMITED to be Executors and
Trustees of this my Will AND I DECLARE that the expression "my trustees" hereinafter
appearing shall mean and include the Trustees or Trustee for the time being.
3. I GIVE the whole of my estate of whatever nature to my trustees upon trust:-
(a) to pay all my just debts and all my testamentary expenses and - unless at my death I have a
pre-paid funeral - also my funeral expenses; and -
(b) to distribute the residue of my estate to my said spouse …………….. absolutely
PROVIDED my spouse shall be living one calendar month after the date of my death.
4. Should my said spouse not be living one month after my death THEN I DIRECT my
trustees to stand possessed of my estate subject as aforesaid upon trust for those of my
children who shall be living at my death and shall attain (or shall have attained) the age of
21 years and if more than one of them then they shall take in equal shares absolutely but
subject to Clause 5 of this my Will
5. Notwithstanding anything hereinbefore contained I DECLARE that:-
(a) should my said children or any one or more of them die in my lifetime leaving a child or
children living at my death who shall attain (or who shall have attained) the age of 21 years
(b) should any one or more of my said children survive me but subsequently die before attaining
21 years of age leaving a child or children then living who shall attain (or who shall have
attained) the age of 21 years
THEN IN EACH SUCH CASE such last-mentioned child or children shall take and if more than
one equally between them the share in my estate which the child's or children's deceased parent
would have taken had such deceased parent survived me and attained 21 years of age
(a) the residue of my estate, or (b) any part or parts of it
fail to vest absolutely in any person according to any prior words of my Will
THEN I DIRECT my trustees (but subject to the words early in the Will about paying expenses)
to distribute my estate upon the following trusts:-
(a) as to a ONE HALF share for those of my brothers AB - CD and EF who shall be living at
my death and if more than one then in equal shares absolutely; (b) as to the remaining ONE HALF share for my spouse's brother GH absolutely
PROVIDED HOWEVER that if my said brothers or my spouse's said brother or any one or more of
them shall die in my lifetime leaving a child or children living at my death and who shall attain (or
shall have at the date of my death already attained) the age of 21 years then such child or children
shall take and if more than one equally between them the share which his her or their deceased
parent would have taken under my Will had such deceased parent survived me. [many versions may apply] 7. Should my said spouse predecease me or fail to survive me as aforesaid THEN I DECLARE
that my trustees (in addition to all statutory and implied powers) shall have the following additional
(a) to retain any or all of the assets comprising my estate at the date of my death
notwithstanding the nature thereof for as long as my trustees shall think fit BUT WITH
POWER NEVERTHELESS to realise any part or parts of my estate should my trustees
consider such a course necessary or advisable and in the best interests of the beneficiaries (b) at any time or times in their absolute discretion to apply the whole or any part of the income
or capital of the expectant contingent or vested share or interest of any beneficiary taking
under the trusts of this my Will in or towards the maintenance education or advancement or
otherwise for the benefit in life of such beneficiary and for such purpose either themselves
so to apply the same or to pay the same to the parent or parents guardian or guardians for the
time being of such beneficiary without being bound to see to the application of it; (c) I EMPOWER my trustees at any time or times at their discretion to APPROPRIATE to any
beneficiary who desires to accept any item comprising part of the residue of my estate as it
exists at my death without any need to sell or otherwise realise that item, (or, in respect of an
investment, to accept any investment in its place of investment at my death without any need to
redeem or realise that investment), and in all such cases such appropriation shall be in or
towards satisfaction of that beneficiary’s share in my estate AND I DECLARE that:-
(i) my trustees shall determine the value of my estate or any part or parts of it in such
manner as my trustees shall think fit (but only after taking into consideration any
valuations made in the administration of my estate and any representations and
valuations received from my beneficiaries)
(ii) every such appropriation and determination by my trustees shall be final and binding
in all respects.
Other clauses often go in above at (d) and (e) and one usually needs to have some more
information to consider what other clauses suit their needs.
e.g. if the couple has any children under the age of 21 years then sometimes one desires to
permit any of them who are unmarried to have the use of the family residence – say – until
21 years – or until married (but not forever)
[usually with that person paying the rates taxes insurance premiums and other out-goings
payable in respect of the house – but not ALWAYS - and sometimes rent-free and
sometimes paying rent.
So further information is needed as to what established wording is to be chosen from many
variations according to one’s own decision. e.g. if there is any property in the estate being rented at death then often one should include the
power to generally manage the renting and repairs and any tenants’ payments and including
the actual wording should be more detailed than the above short description.
Other needs often apply to where the person has a business (sole proprietorship, partnership or
company – or Family Trust)
And whether any land is farming land or is used for a business
And in the above cases, whether any land is owned as tenants in common, partnership or solely
owned or – as usual in an average case – owned jointly as joint tenants by a couple.
Putting a “foot wrong” here COULD cause an estate to take 1-2 years instead of 2-4 months to finalise.
IN WITNESS whereof I have to this my last Will and Testament set my hand
this day of 2003 or ………..etc
SIGNED by the testator as and for his )
last Will and Testament in the presence )
of us both present at the same time who )
at his request in his presence and in the ) X ………………......................
presence of each other have hereunto )
subscribed our names as witnesses )
Witness …………………...................... Witness …………………....................
BUT YOU ARE WARNED TO ONLY USE THIS TO CONSIDER WHAT YOU MIGHT
WANT FOR YOURSELF AND CONTACT WILL MAKERS BY EMAIL TO HAVE
SOME COMMENTS. YOU MAY DRAFT YOUR OWN AND EMAIL FOR OUR
COMMENTS WHAT YOU SHOULD DO NEXT – BU T DO NOT SIGN BECAUSE OF THE LAW RELATING TO THE VALIDITY OF WILLS.
TO UNDERSTAND WHY TO “The Viewer should see “who to be executors”
HAVE THE BENEFITS OF WILL MAKERS PTY LTD & IT’S OFFICERS INVOLVED.
Have a free talk to Peter Pearce at Christian Aid & Business Services Inc.