Online Will Form – Person Four

Welcome to The Online Australian Will Kit – Will Form. The form below contains instructions and information at every clause. For further information we have provided page numbers that refer to The Online Australian Kit, which you also have access to. If you have not read The Online Australian Will Kit, we suggest you do this now before you begin filling out the Will Form. The Step by Step Guide starts on page 28.
Contemplation of Marriage
If you do not want to make this will in contemplation of marriage, select No. If you want to make this Will out PRIOR to marriage that is legal now and after you marry, select Yes. Please read very important information on page 6 of the Australian Will Kit. Do not attempt to fill out this section without reading the instructions.
2. Executor and Trustee
This is where you identify who you wish to act as your executor or executors of your estate. See pages 10 & 11 for detailed information on executors. You can write one or more executors here if that is your wish. Make sure the person you appoint as executor/s has given you their consent. Remember, when a large number of executors are appointed, this can slow down the process of executing your Will because all parties need to decide, agree and act jointly, see Page 11.
It is wise to name an alternate executor, just in case your first chosen executor/s cannot accept the responsibility for any reason. You can write one or more executors here also.
3. Disposal of body directions
This is where you can state if you wish for your body to be used for medical research purposes after your death.
4. Guardianship of Minors
A guardian is the person you choose to care for your children or dependants if they are left without a surviving other NATURAL parent. Who you choose for this important task is totally up to you. See page 17 for detailed information on who can be a guardian.
5. Specific Bequests
This is where you outline particular items you wish to give to particular people and are what we call ‘specific bequests’. For important information on bequests, refer to pages 12,13 and 14. Also include any financial legacies in this clause (refer page 13).
6. General Bequests
This is where you write your general bequests. These are categories of assets, groups of assets or collections. Refer to the ‘example will’ and pages 12,13 and 14 for detailed information.
7. Residuary Estate
Any part of your estate not bequeathed in any other part of the Will automatically falls into your Residuary Estate. This is where you say to whom you wish to give the remainder of your estate. See page 15 for detailed information.
If your first beneficiary of your residuary estate predeceases (dies before) you, you need to nominate an alternative.
8. Trust for Minors or contingent beneficiaries
9. Simultaneous Death Clause
A Will has to cover many unforeseen situations, which is why this Clause is important. Simultaneous Death is a term used to describe situations where your spouse or any other heir dies within a determined number of days. The number of days is entirely up to you, a suggested 30 days is usual. For example, if your spouse was to die simultaneous (at the same time) to you, or your spouse or any beneficiary was to die a few days later, or within the nominated 30 day period, this clause will take effect. Also your estate may avoid extra legal costs and administrative complications for the executor by enforcing this clause. This normally only applies to a husband or wife, a de facto partner or to children who travel with you often.
Signing the Will Form
After you click the below button, your Will will be created and sent to your email address. If you have missed any compulsory fields (marked with *) these will be outlined in red and you will need to go back and populate those missed fields, then click the below button again.

Once you receive your completed Will to your email address, open and print the form. Print your Will on clean A4 white paper. Print any other extra pages that you may have also. DO NOT SIGN ANYTHING YET.

Detailed instructions on how to sign the Will and who should be present are contained on pages 25 and 26. Make sure your two witnesses are present at the time you date and sign and they watch you sign. Remember, no beneficiaries, executor or guardian is to be a witness. A witness must be over 18 years of age.

Once you have gathered the correct witnesses, date and sign the Will form in the space provided, in front of the witnesses.
Attestation and Witness
There must be two witnesses, and they must both be present at the same time as each other. In other words, both your witnesses and yourself need to be present when you date and sign the Will form. Details on witnessing the Will are on page 25.

Have your witnesses sign their names on the lines provided on page 1 and page 2 of the Will Form. If you have added any extra pages they should sign the extra pages at the same time.

Have your witnesses write their details clearly under their signature in the spaces provided on Page 2 of the Will Form.

Instructions for signing the Will Form are also in the kit on pages 25 & 26 and in the Step by Step Guide on pages 28,29 & 30.
Click the button below