Last Will & Testament – Couples

An executor is someone that you appoint to carry out the instructions you set out in your Will and manage your estate upon your passing.

An Executor has many responsibilities and so it’s a decision that should not be taken lightly. Ensure you appoint someone that you trust and will carry out their duties to the best of their abilities according to your wishes.

Your Executor will be responsible for obtaining the death certificate, locating your Will, making funeral and burial arrangements, obtaining a Grant of Probate for your Will, calling in your assets, paying any debts from your estate and distributing your estate according to the wishes set out in your Will.

A beneficiary is a person, an entity or a charity nominated by you as the Will maker to receive benefits from your estate once you pass. You can nominate whoever you would like as a beneficiary. This could include a spouse or partner, children, other family members and/or friends. In some cases, beneficiaries are also charities. In your Will, you can leave all or some of your assets to as many beneficiaries as you would like, and in the proportion you want.

Note: the provisions of a will do not affect the disposal of joint tenancy property or superannuation accounts. Joint tenancy property can only be dealt with if the joint tenancy is first severed into a tenancy in common. Superannuation needs to be dealt with by binding nomination.

A beneficiary is a person, an entity or a charity nominated by you as the Will maker to receive benefits from your estate once you pass. You can nominate whoever you would like as a beneficiary. This could include a spouse or partner, children, other family members and/or friends. In some cases, beneficiaries are also charities. In your Will, you can leave all or some of your assets to as many beneficiaries as you would like, and in the proportion you want.

Note: the provisions of a will do not affect the disposal of joint tenancy property or superannuation accounts. Joint tenancy property can only be dealt with if the joint tenancy is first severed into a tenancy in common. Superannuation needs to be dealt with by binding nomination.

This is where you can nominate who you would like the assets of your estate to pass to should your nominated beneficiary be unable to.

Please also detail the manner in which you want the assets to be divided, for example if they are going to your children, at what age would you like them to receive it and how much (i.e., 50/50 split). If you have further instructions beyond this, please type them into the box below.

Family Provision Claims are made when an eligible person challenges the validity of a Will because they feel they have been left out of a Will or not adequately provided for in the Will.

While difficult to know whether a claim may be made, please indicate below if you feel like there is a likelihood that one will be made. Family Provision Claims are often made by the children, spouses or de-facto partners of the Will-maker.

Joint tenants mean that a property is owned equally by two (sometimes more) people. If one of the owners dies, the property is automatically transferred to the surviving owner.

Tenants in common mean that each person owns a particular share in the property. It could be any percentage (50/50, 60/40 etc), provided it adds up to 100%. On the death of one of the owners, the Will of the deceased determines who is entitled to their share of the property.

To the best of your ability, please list here all of your assets and liabilities, how and to whom you would like them to be distributed. Examples here can include:

To the best of your ability, please list here all of your assets and liabilities, how and to whom you would like them to be distributed. Examples here can include: