Overview
This Wills Step-by-Step Legal Practice Guide and Precedents contains precedent wills and guidance for the following three situations:
- for a single testator
- for spouse to spouse, and then children; and
- using schedules for use in blended family and other more complex situations
As with all Step-by-Step Guides this guide takes you sequentially through a Wills matter from getting the matter underway and taking instructions, right through to finalisation.
A wide range of issues are discussed including testamentary capacity, revocation, executors, and estate duty. This guide includes a Library of Provisions.
Outline
Getting the matter underway
Overview
Initial precedents for file opening
Preparing for the will
Testamentary Capacity
Minimum age
Execution
Formalities not applicable
Who can witness
Gifts to attesting witness or wife or husband of attesting witness are void
Revocation
Alteration of a will
Revival of revoked will
The testamentary trust
Revocation
The Will
Executors
Burial and cremation
Guardianship of infant children
The Blended Family
Estate Duty
Assets subject to Debt
Succession of Property on Intestacy
Succession determined by statute
Order of succession for death after 31.8.1997
Will precedents
Library of provisions for will precedents
Finalisation
Final precedents and letters
Precedents
Initial precedents for file opening
- File cover sheet
- Instruction Sheet - Wills
Will precedents
- New Will for single person
- New Will for spouses
- New will for blended families
Library of provisions for will precedents
- Attestation clauses
- Bequests to Charity
- Burial Cremation Medical Research provisions
- Clause establishing monthly payment not an annuity
- Clause fees including non professional for Solicitor Trustee
- Contract to make mutual Wills
- Direction for appointment of Solicitors
- Gift to spouse with reasons for children of previous marriage
- Life estate clause
- Short discretionary trust provisions
- Long discretionary trust provisions
- Provision for disabled beneficiary
- Provision granting a beneficiary an option to purchase
- Right of occupation of home
- Some reasons for excluding beneficiaries
Final precedents and letters
- Letter to Client with draft will
- Instructions for signing a Will
- Reminder letter wills ready for signing
