Estate Planning Questionnaire

Privacy Statement
Your information is treated confidentially

When you enquire about or receive legal services we record information about you, mainly to assess your requirements for legal services. If you become a client of CJM Lawyers, then we use this information to provide legal services.

We also use and may disclose your information for the following purposes:
- To consider other enquires made by you to us.
- To help us develop and identify products and services that may interest you.
- To tell you about products and services (unless you have asked us not to) or recommend legal products and services.
- To maintain our relationship with you.
- To conduct market or client satisfaction research.
- To perform our internal administration and operations including accounting, reporting, risk management, record keeping, archiving, systems development and testing and staff training.
- To comply with legislative or regulatory requirements.
Collection of your information is essential for us to service your relationship with us and our business operations. Without your information we would not be able to provide you with our products and services.

From time to time, we may disclose some of your information to the following types of organisitions (including individuals):
- Your agents, including other legal advisers.
- Your executor, administrator, trustee, guardian or attorney.
- Regulatory bodies, government agencies, law enforcement agencies and courts.
- Other parties we are authorised or required by law to disclose information to.
How you can gain access to the information

You can access your information during business hours. Contact us using the details on our website.

Section A: Personal Details
Name*

Given NameMiddle NameSurname
Date of Birth*

DayMonthYear
Date
Residential Address*

Street Address

Street Address Line 2

CityState / Province

Post Code
Is your Residential Address same as your Postal Address*

YesNo
Postal Address*

Street Address

Street Address Line 2

CityState / Province

Post Code
Contact Numbers
Mobile*
Please enter a valid phone number.
Business
Please enter a valid phone number.
Email*
example@example.com

Section C: Executors
Preferred Executors

Your executors are the people responsible for administering your wishes as set out in your Will. Their tasks include:
- Making your funeral arrangements.
- Identifying your assets and paying your debts.
- Distributing the balance of your assets (after paying your debts) according to your wishes.
You can nominate a maximum of four executors to act. You should obtain each executor’s consent before making a nomination. In selecting your executors you should keep in mind the following:

If you intend to leave the majority of your assets to a single person (eg. Spouse), it makes sense for that person to also be nominated as one of (if not, the only) executor.

You can nominate an independent person (eg. Friend or advisor) who you trust to act as co-executor if you wish.

Consider the executor’s age before nominating them. It does not make sense to nominate an executor who is likely to pass away before you. If you nominate someone who is older than you, make sure you nominate a substitute executor as well.

You should also consider having substitute executor(s) in the event a nominated executor cannot act for any reason. For example, they may pre-decease you. Please list any substitute executors in Section E.
Executor
Would you like to add a substitute executor?*

YesNo
Substitute Executor

Section D: Guardians
IMPORANT INFORMATION:

If you have children under 18 years of age, then you must complete this section. If you pass away and there is no surviving guardian, then your Will determines who is given custody of your children (subject to any challenge). It is strongly recommended you discuss this matter with your preferred guardian before signing your Will.

For parents with young children we recommend you consider preparing a set of Guardianship Guidelines which can be kept with your Will. The purpose of Guardianship Guidelines is to assist your guardians in raising your children by recording your wishes about things such as your child’s education, religion, standard of living and other important issues.
Do you have children under 18 years of age?*

YesNo
Guardian for Children
Would you like us to talk to you about preparing a set of Guardianship Guidelines?*

YesNo

Section E: Specific gifts
Specific gifts are assets that are disposed of before the remainder or residue of your estate is determined. If any of your assets need to be sold to pay your debts, then specific gifts are preserved until all of the remainder of your estate has been realised. Therefore, if there are sentimental possessions you would like to pass on, then you should consider making a specific gift. It could be jewellery, paintings, the right to purchase an asset or the right to use an asset during the life of the beneficiary.

If there is insufficient space for you to write your wishes, then simply make notes as a reminder to discuss this matter at our first meeting with you.
Do you wish to leave specific gifts?*

YesNo

Section F: Balance of your Estate
Having dealt with the specific gifts you wish to leave in your Will you now need to consider how the balance of your estate is to be dealt with.

Prior to meeting with us it is useful for you to give some thought to the question below. We have provided some space for you to make notes if you wish.
Which person(s) would you like to receive the balance of your Estate on your passing? There may be more than one. In many cases this will be your spouse.*

Section G: Family Provision Claims
Despite your specific wishes contained in your Will, it is possible for your Will to be challenged after you pass away. In some cases, the courts may make an order that provision be made from your estate in favour of an aggrieved person if the court believes the person was not adequately provided for in your Will.

Generally speaking, the class of persons who can challenge your Will is limited to your spouse (current and former), children (including step-children) and any people who were financially dependent on you at your death.
Do you have any family members, ie. Spouse, partner, children (including illegitimate and adopted children), grandchildren, parents or any other dependants who you anticipate may make a claim against your estate or dispute your Will? If so, then please provide us information you consider relevant which we can discuss at our first meeting. For example, the person’s name, their relationship to you and any other information you think might be relevant.*

Section H: Special Instructions

Any additional wishes in relation to your Will.
Special Instructions*

What additional powers to benefit people beyond you would you like your attorney/s to have (if any)?

I authorise my attorney to give reasonable gifts as provided by section 11(2) of the Powers of Attorney Act 2003.I authorise my attorney to confer benefits on the attorney to meet their reasonable living and medical expenses as provided by section 12(2) of the Powers of Attorney Act 2003.I authorise my attorney to confer benefits on the following persons to meet their reasonable living and medical expenses as provided by section 13(2) of the Powers of Attorney Act 2003.
Name

First NameMiddle NameLast Name
Address

Street Address

Street Address Line 2

CityState / Province

Post Code
Conditions & Limitations

I place the following limits and/or conditions on the authority of my attorneys:

(a) Until such time as I am no longer able to make decisions for myself, my attorney must not exercise any power granted by this appointment without my express authority to do so on each occasion; or

(b) In the event where I cannot give express consent, due to incapacity, then a medical practitioner is to provide a certificate to that effect after which my attorney can then manage my affairs.

Commencement

This power of attorney operates once the attorneys have accepted their appointment by signing this document

Are there any directions you want to give to your guardian/s?
Directions generally relate to the medical treatment you wish to receive (or not receive) if you are terminally ill. These include:

PALLIATIVE CARE only

Palliative care is where a person is kept comfortable in the final stages of life (whether because of illness or accident) and all efforts are made to prolong that persons life ie resuscitation, artificial feeding etc.

OR

STRICT DIRECTION which incorporates Palliative Care

Strict direction is where the person withholds all medical interventions aimed at prolonging life but is kept comfortable and pain free.
PLEASE SELECT - PALLIATIVE CARE ONLY OR STRICT DIRECTION*

PALLIATIVE CARESTRICT DIRECTION
Should be Empty:

Privacy Statement

Section A: Personal Details

Contact Numbers

Section B: Family Details

Name of Partner

Children from Previous Marriage(s) or Relationship(s)

Name of Spouse

Children from Current Marriage or Relationship

Section C: Executors

Executor

Substitute Executor

Section D: Guardians

Guardian for Children

Section E: Specific gifts

Section F: Balance of your Estate

Section G: Family Provision Claims

Section H: Special Instructions

Enduring Power of Attorney

Who do you wish to appoint as your attorney or attorneys?

Substitute Attorney

Who do you wish to appoint as your substitute attorney or attorneys in the event your principal attorney or attorneys vacates office?

Appointment of Enduring Guardian (NSW document)/ Health Attorney (QLD document)

Who do you wish to appoint as your guardian or guardians?

Substitute Guardian

Who do you wish to appoint as your substitute guardian or guardians in the event your principal guardian or guardians vacates office?

Are there any directions you want to give to your guardian/s?