I am married to {detailsOf[1]}, date of birth {detailsOf[2]}, of {detailsOf[3]}, referred in this will as 'my spouse'.

In this Will the word 'my child' refers to:

1. {nameOf184[1]}, date of birth {nameOf184[2]}, of {nameOf184[3]}.

In this Will the word 'my children' refers to:

1. {nameOf184[1]}, date of birth {nameOf184[2]}, of {nameOf184[3]},

and

2. {nameOf186[1]}, date of birth {nameOf186[2]}, of {nameOf186[3]}.

In this Will the word 'my children' refers to:

1. {nameOf184[1]}, date of birth {nameOf184[2]}, of {nameOf184[3]},

and

2. {nameOf186[1]}, date of birth {nameOf186[2]}, of {nameOf186[3]},

and

3. {nameOf187[1]}, date of birth {nameOf187[2]}, of {nameOf187[3]}.

In this Will the word 'my children' refers to:

1. {nameOf184[1]}, date of birth {nameOf184[2]}, of {nameOf184[3]},

and

2. {nameOf186[1]}, date of birth {nameOf186[2]}, of {nameOf186[3]},

and

3. {nameOf187[1]}, date of birth {nameOf187[2]}, of {nameOf187[3]},

and

4. {nameOf188[1]}, date of birth {nameOf188[2]}, of {nameOf188[3]}.

In this Will the word 'my children' refers to:

1. {nameOf184[1]}, date of birth {nameOf184[2]}, of {nameOf184[3]},

and

2. {nameOf186[1]}, date of birth {nameOf186[2]}, of {nameOf186[3]},

and

3. {nameOf187[1]}, date of birth {nameOf187[2]}, of {nameOf187[3]},

and

4. {nameOf188[1]}, date of birth {nameOf188[2]}, of {nameOf188[3]},

and

5. {nameOf189[1]}, date of birth {nameOf189[2]}, of {nameOf189[3]}.

1.              Presumption of survivorship

1.1.          Where:

(a)             one or more persons have died;

(b)             a person has died and one or more deaths are presumed; or

(c)             two or more deaths are presumed; and

(d)             the order of deaths, whether proved or presumed, is uncertain;

this will is to be construed as if the deaths, whether proved or presumed, had taken place in the following manner: first, the oldest; then, after a period of 1 day, the second oldest; then, after a period of 1 day, the third oldest; and so on to the youngest.

2.               Beneficiaries required to survive testator

2.1.          Where any beneficial disposition of property is made to a person who does not survive me for a period of 30 days the disposition is treated as if that person had dies before me.

2.2.          In this will, any gift which depends on the beneficiary surviving me by a specified period or attaining a specified age is contingent and does not vest in the beneficiary unless and until he or she has survived the specified period or attained the specified age; and

2.3.          Income produced by the gift between my death and vesting of the gift accumulates to the gift.

Appointment of Testamentary Guardian

If my spouse does not survive me, I, appoint:

1. {detailsOf194[1]}, of {detailsOf194[2]},

and

2. {detailsOf194[3]}, of {detailsOf194[4]}, 

as guardian of minor children ('Guardians').

If either of the guardians dies in my lifetime or refuses or is unable for any cause or reason to act as guardian of minor children, then I appoint the other person on a individual basis to be the legal guardian of my minor children.

I APPOINT as my Executor and Trustee my spouse, {detailsOf[1]}.

If my spouse refuses or is unable to act as my executor and trustee, I APPOINT the persons mentioned in this will as my executor and trustee.

1. Appointment of Executor and Trustee

I, {nameOf89}
of address at {addressOf}
(“Testator”)

appoint as my executor and trustee

{detailsOf196[1]}

of

{detailsOf196[2]}

 
to be my Executor and Trustee ('Executor and Trustee').

1. Appointment of Executor and Trustee

I, {nameOf89}
of address at {addressOf}
(“Testator”)

appoint as my executor and trustee

{detailsOf196[1]}

of

{detailsOf196[2]}

and also appoint as my executor and trustee

{detailsOf197[1]}

of

{detailsOf197[2]}

to be my Executors and Trustees ('Executors and Trustees').

{detailsOf197[3]}

Nomination of substitute Executor and Trustee (optional)

[If your executor vacates office, you have the option to nominate someone else to take their place.]

If my Executor and Trustee vacate/s office, I, {nameOf89} of {addressOf}
appoint:

{detailsOf198[1]}

of

{detailsOf198[2]}

to be my substitute Executor and Trustee.
(“Substitute Executor and Trustee”).

Residue of estate - my spouse

My executors hold my estate on trust:

(a)             To give the residue of my estate to my spouse;

Residue of estate - my children equally

My executors hold my estate on trust:

(a)             subject to the preceding trusts:

(i)              Subject to subparagraph (ii), to divide the residue of my estate equally among those of my children who survive me and have attained or attain their majority;

(ii)             If a child of mine has already died or does not survive me and have attained or attain their majority, then those children having attained or on attaining their respective majorities take equally the share which their parent would otherwise have taken;

Residue of estate - my spouse and children

My executors hold my estate on trust:

(a) To give the residue of my estate to my spouse; and

(b) subject to the preceding trusts:

(i) Subject to subparagraph (ii), to divide the residue of my estate equally among those of my children who survive me and have attained or attain their majority;

(ii) If a child of mine has already died or does not survive me and have attained or attain their majority, then those children having attained or on attaining their respective majorities take equally the share which their parent would otherwise have taken;

Residue of estate - my siblings

My executors hold my estate on trust:

(a)             subject to the preceding trusts:

(i)              Subject to subparagraph (ii), to divide the residue of my estate equally among those of my brothers and sisters and the brothers and sisters of my spouse who survive me and have attained or attain their majority;

(ii)             If a person referred to in subparagraph (i) has already died or does not survive me or dies before attaining a vested interest , leaving children who survive me and have attained or attain their majority, then those children having attained or on attaining their respective majorities take equally the share which their parent would otherwise have taken;

Residue of estate - as a gift
My executors hold my estate on trust:
(a) subject to the preceding trusts:
(i) to give the residue of my estate:
(A) to:

{detailsOf202[1]}

of

{detailsOf202[2]},

(B) If the gift in (A) cannot take effect completely or at all, to the extent that it cannot take effect: to the charitable organisation or organisations in Australia which my executors in their discretion consider most nearly fulfill the objects I intend to benefit on the share or shares my executors think fit;
(ii) the receipt of the treasurer, secretary or public officer for the time being of a beneficiary under this provision is a sufficient discharge to my executors in respect of a gift to that beneficiary.

Powers of Executors

(A)          I wish my executors to exercise their powers so as to ensure (so far as seems to them reasonable having regard to the funds at their disposal and other relevant matters) that any person caring for any of my children (whether as guardian or otherwise) does not suffer in the course of caring for those children a financial burden or loss (whether or not it is incurred strictly within her or his duties as carer or guardian), and I trust that the carer will accept it as my wish that the powers be exercised in this way.

Powers of Executors

(B)          My executors may in their discretion:

(a)             Exercise any powers given to them by law;

(b)             Exercise the powers of a trustee for sale in respect of any property in my estate and my executors may:

(i)              without being liable for any loss (including liability for taxation on capital gain) caused by so doing, postpone sale;

(ii)             without being liable for any loss (including liability for taxation on capital gain) caused by so doing, retain in its form of investment at my death any part of my estate, even though it is wasting, hazardous or reversionary;

(iii)            sell, by public auction or private sale, and for that purpose may extend credit;

(c)             determine whether receipts or outgoings are capital or income or partly capital or income, so as to bind the beneficiaries, even though the receipts are from a company or corporation that has made a decision on the matter;

(d)             apply for the maintenance, education (including travel to broaden the mind), advancement or benefit of a beneficiary the whole or any part of the capital and income of that part of my estate to which that beneficiary is entitled or may in future be entitled;

(e)             for the purposes of paragraph (d):

(i)              make a payment or payments to a minor beneficiary’s parent or guardian or a person with whom the minor beneficiary resides; and

(ii)             accept the receipt of that payee as a sufficient discharge;

(f)              make loan to beneficiaries:

(i)              secured or unsecured;

(ii)             on interest or interest free; and

(iii)            on whatever terms;

(g)             acquire or lease property for occupation, use or enjoyment by a beneficiary (whether alone or with some other person or persons);

(h)             do any one or more of the following:

(i)              concur in any scheme or arrangement involving or affecting the shares, securities, control, property or undertaking of;

(ii)             vote in; or

(iii)            apply for and accept directorship of

any company or corporation in which my estate is or may become interested or concerned;

(i)              apply for, accept or take up securities of any description or denomination, bonus shares or other rights or benefits made available by a company or corporation in which my estate is or may become interested or concerned;

(j)              borrow money, either with or without giving security, and enter into any mortgage, charge, bill of sale, lien or security over any part of my estate; and money borrowed is to be treated as part of my estate or trust property, as the case may be;

(k)             lease any part of the real or personal property in my estate:

(i)              for the periods and upon and subject to the covenants and conditions which my executors think fit; and

(ii)             either with or without provisions for renewal or otherwise;

(l)              accept surrenders of leases or tenancies of my estate or any part of it;

(m)           maintain, repair, improve, develop, alter, renovate, pull down, erect or re-erect any part of my estate;

(n)             maintain, take out or participate in any one or more of the following:

(i)              insurance policy against risks affecting my estate;

(ii)             life insurance policy in respect of any person;

(iii)            policy or contract of health or accident insurance or benefit in respect of any person;

(iv)            friendly society, trade union or association of employees benefit scheme in respect of any person;

(v)             superannuation or pension scheme in relation to any person; and

(vi)            funeral benefit or payment scheme in relation to any person;

(o)             without the consent of any beneficiary, partition or appropriate any part of the real or personal property of the estate in or towards the satisfaction of a legacy or  a share of any person or persons in my estate, and in doing so the following provisions apply:

(i)              the value of any such property is that agreed by those of my beneficiaries affected or, if my executors are satisfied that no value can be agreed in this way, the value is that determined by an independent valuer appointed by my executors for the purpose;

(ii)             my executors need not take into account any differences in value of particular property to particular beneficiaries other than the value of the property as decided in subparagraph (i);

(p)             determine (in the event of my executors disposing of or being deemed to have disposed of property) from which part or parts of the capital or income of my estate they will pay any income tax liability flowing from the disposal or deemed disposal; and for that purpose they may determine what is capital and what is income, but I express the wish that, if it seems appropriate to my executors to do so, proceeds of such a disposal be resorted to in the first instance;

(q)             identify, segregate into separate income accounts and allocate separately different sources and types of income, and record this in the books of account;

(r)              carry on, either alone or in partnership with any person or persons, the whole or part of any trade or business in which I am engaged or interested at my death;

(s)             delegate a power or function, and execute a power of attorney or other instrument to make the delegation;

(t)              appoint and empower nominees to act and hold properly for my executors; and appoint custodians of any property and documents (including documents relating to property) in my estate;

(u)             for any reason, for instance to allow an early distribution of residue, set aside out of my estate a fund sufficient to meet all debts, charges and other liabilities of my estate. If, having discharged all such debts, charges and other liabilities a balance remains, that balance does not form part of the residue of my estate, but is to be distributed as if it were part of the residue.

Powers of Executors

(C)          I express the wish that my executors make available and give to those of my beneficiaries who inherit any property all documents relevant to that property or the assessment of tax relating to that property.

SIGNED

{date}

{testatorsSignature}

{nameOf89}

The testator signed in the presence of both of us being present at the same time, and we attested his/her signature in the presence of him/her and of each other.

{firstWitness} 

{firstWitness206[1]}

{firstWitness206[4]}

{firstWitness206[2]}

{firstWitness206[5]}

{secondWitness}

{secondWitness207[1]}

{secondWitness207[4]}

{secondWitness207[2]}

{secondWitness207[5]}

END of WILL.