Will Precedents. Table of Contents
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1 Queensland Law Society qlsbookshop text information Will Precedents Table of Contents Notes for use Author's NoteUpdate 1, October 1993 Author's NoteUpdate 2, November 1995 Author's NoteUpdate 3, September 1998 Precedents on Disk 1 Letters 1.1 Letter sending out willsingle. 1.2 Letter sending out willhusband and wife. 1.3 Letter acknowledging receipt of will and sending bill (if bill not enclosed with above letter)single. 1.4 Letter acknowledging receipt of will and sending bill (if bill not enclosed with above letter)husband and wife. 1.5 "Add-on" to above letters 1.1 and 1.2 when enclosing an enduring power of attorney (EPA) for signature. 2 Commencement 2.1 Ordinary. 2.2 Conditional upon marriage taking place. 2.3 Not conditional upon marriage taking place. 2.4 To avoid claim of contract to make mutual wills. 3 Revocation Clauses 3.1 ComprehensiveOrdinary. 4 Personal Representative Appointment 4.1 Appointment of wife and alternate. 4.2 Appointment of husband and alternate. 4.3 Appointment of single and alternate. 4.4 Appointment of plural trustees with no alternate. 4.5 Appointment of plural trustees with alternate. 4.6 Contingent appointment of minor. 4.7 Appointment of minor with others. 4.8 Appointment of firm of solicitors. 4.9 Provision for majority decision to prevail. text information page 1
2 4.10 Direction for keeping up of numbers. 5 Guardian Provisions 5.1 Appointment of guardian/s in the event of spouse predeceasing. 5.2 Appointment of guardian(s). 5.3 Financial provision for guardian or carer. 6 Funeral/Disposal Of Body/Organs 6.1 Directions as to place of burial and tombstone. 6.2 Expression of desire as to cremation. 6.3 Specific provisions regarding eyes, organs for therapeutic/research purposes etc. 6.4 General directions as to funeral arrangements. 7 Specific Bequests 7.1 Of Land Undivided shares in freehold/leasehold Residencewith variations Subject to mortgage Paid from mortgage debt Subject to payment of legacy Life interest in land and residence Occupation of housewith provision for alternative accommodation at occupier's request Occupation of housewith no provision for alternative accommodation Crown leasehold General clause with optional extras Retirement Complexdebt owing NICE, SIMPLE life interest in residence and weekender with power of sale and purchase. 7.2 Businesses Gift of small businesssole trader Gift of interest in partnership Power of appointmentnew trustee Power of appointmentadditional beneficiary Gift of loans to and undistributed income from a family trust Expressions as to how the client wishes the family trust to be administered/distributed in the future Gift of a unit in a unit trust Power of appointmentfamily company Gift of a share in family company when there are only two shareholders, the intended beneficiary of the shares being the other shareholder. 7.3 Forgiveness and Release of Debts Establishment of priority Forgiveness and discharge of unsecured debt. text information page 2
3 7.3.3 General forgiveness of debtssecured and unsecured. 7.4 General (e.g. furniture, shares, etc.) Gift of personal chattels generally Gift of personal chattelsas donee may select Gift to trustees absolutely with request to distribute in accordance with testator's wishes Gift of items generally with powers of trustees or one of the trustees to divide Gift of stamp/coin collection or hobby Gift of stocks & shares with provision for pecuniary legacy if adeemed Gift of stock Gift of debt, secured or unsecured Gift of library (1) Gift of jewellery to one person. (2) Gift of jewellery to more than one person with power to divide failing agreement (1) Gift of life assurance policies generally. (2) Gift of specific life assurance policy Gift of superannuation proceeds Gift of animals Expense of delivery of item specifically bequeathed Delivery of chattel to infant. 8 Options To Purchase 8.1 General option to purchase. 8.2 General option to purchase, purchase price to be determined by valuation. 8.3 Option to purchaseinterest in partnership. 8.4 Option to purchaseshares in family company. 9 Pecuniary Legacies 9.1 Simple legacy. 9.2 Legacy by instalments. 9.3 Legacy with priority. 9.4 Legacy with clause for substitution. 9.5 Legacies to executors and trustees, conditional and unconditional. 9.6 Legacy to creditor and declaration. 9.7 Legacy to debtor. 9.8 Legacy to debtor (but not to be set off against future instalments). 9.9 Legacy for educationthree variations Direction concerning interest on legacies Legacy adjusted by fixed amount each yearup or down Legacy adjusted by CPI Index Legacy to infant with power to pay guardian or parent. text information page 3
4 10 Annuities10. 5 Is The Best 10.1 Gift of simple annuity Giving it priority over all other bequests Gift of annuity in trust for intellectually disabled person Gift of annuity varying with CPI Comprehensive provisionadjustedpriority. 11 Hotchpot Provisions 11.1 Declaration of specific sums Declaration of general sums, general with reference to time. 12 Residuary/Life Interests 12.1 General residue clause Gift for wife with gift over for children and grandchildren Gift for husband with gift over to children and grandchildren Gift to several persons with no gift over Gift to two persons with no gift over Gift in unequal shares/varying manner to variety of beneficiaries (1) Straightforward protective trustsee s. 64 Trusts Act (2) Giftprotective trust (expanded) Giftlife interest with right to resort to corpus Giftlife interest with corpus passing to children on exercise of power of appointment Giftfor handicapped person Provisiongeneral substitution General provision to prevent reversion General provision for separation of trusts. 13 Powers 13.1 Early vesting clauseseek instructions. If used, insert after (2) in short or (4) in long Long powers Short powers Shorter powers. 14 Attestation 14.1 Usual form Where testator/trix signs with mark Where another signs on behalf of testator/trix Where testator/trix is blind Where testator/trix is unable to hear and speak but is able to read Where imperfect knowledge of English. 15 Backsheet text information page 4
5 16 Limited Jurisdiction 16.1 Statement of domicile Comprehensiveexpatriates. 17 Codicils 17.1 Appointment of executor and trustee in substitution for one who has died General form of first codicil General form of second codicil Codicil for revival of will. 18 Updating Register 18.1 Letter to client to update old wills Will instruction sheet. 19 Testamentary Discretionary Trust In A Complete Will Format 19.1 Notes Sample spouse to spouse/children testamentary discretionary trust. text information page 5
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