David Thomas Banner

3, Sussex Terrace, Hawthorn, South Australia 5062
Telephone: (+ 61 8) 8172 1222
Facsimile: (+ 61 8) 8127 9553
Contact


INSTRUCTIONS FOR A SIMPLE WILL
(only for residents of South Australia)


You can use this form to give me instructions for the preparation of a simple Will under South Australian law.

You can give me instructions for a single Will or for "mutual" or "mirror image" Wills, i.e., by spouses whose Wills are essentially "mirror images".

Please note that if your instructions cannot fit comfortably into the scheme set out in the form, then it is likely that your Will is not a simple one. You should telephone me for an appointment, so that I may take your instructions in the necessary detail.

Please note, also, that I must speak to the testator(s) in person at some time to confirm these instructions. I suggest that this be done at the time of signing the Will(s). Therefore, if you think it will be impossible for the testator(s) to come to my office, or for me to visit the testator(s), for that purpose, please do not proceed with these instructions.

[!] There may be income tax or capital gains tax consequences arising from your Will. I do not advise on taxation matters. I strongly recommend that you seek competent taxation advice before executing your Will. I will ask you to sign an acknowledgement that I have warned you about taxation implications.

If I need any more information, I will contact you. Please provide as many contact details as you can.

Your e-mail address
This field is mandatory, otherwise submission of the form will fail
Your name
This field is mandatory, otherwise submission of the form will fail
YOU
(the person giving the instructions)
Full Name (including surname or family name in BLOCKS)
Residential Address
Contact Address
Contact Telephone
(day and evening)
Contact Fax
Contact Email
Preferred means
INSTRUCTIONS
These instructions are for:
If for a relative, state your relationship to the testator(s)
If for a relative or friend, confirm that you are authorised to provide these instructions:

Yes, I am authorised by the testator(s)

The authority is in writing
The authority is verbal
Date of authority:
TESTATOR(S)
(the person making the Will)
Full Name(s) (including surname or family name in BLOCKS)
Full Address
Occupation(s) or description(s)
Marital status
Children, from eldest to youngest (include all natural and legally adopted children, from all marriages and relationships) with dates of birth for those under 18. Please give full names, with surname or family name in BLOCKS. 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
EXECUTOR 1
(the first person whom you wish to appoint as your executor)
Your executor is the person who is responsible to ensure that the terms of your will are carried out.
Full Name (including surname or family name in BLOCKS)
Full Address
Occupation or description
Relationship (if any) to testator
EXECUTOR 2
(the second person (if any) whom you wish to appoint as your executor)
Full Name (including surname or family name in BLOCKS)
Full Address
Occupation or description
Relationship (if any) to testator
EXECUTOR 3
(the third person (if any) whom you wish to appoint as your executor)
Full Name (including surname or family name in BLOCKS)
Full Address
Occupation or description
Relationship (if any) to testator
GUARDIAN 1
(the first person whom you wish to appoint as guardian of any infant children)
Full Name (including surname or family name in BLOCKS)
Full Address
Occupation or description
Relationship (if any) to testator
GUARDIAN 2
(the second person (if any) whom you wish to appoint as guardian of any infant children)
Full Name (including surname or family name in BLOCKS)
Full Address
Occupation or description
Relationship (if any) to testator
SPECIFIC GIFT 1
A specific gift is a gift of a certain item of property or sum of money to a particular person. You do not have to make any specific gift if you do not want to. Instead, you may choose to leave your whole estate to one or more persons or class of persons. If this is the case, see "General Bequests" below. If you wish to make a gift to a charity, see "Charitable Gifts" below.
Concise, clear description of gift
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
SPECIFIC GIFT 2
Concise, clear description of gift
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
SPECIFIC GIFT 3
Concise, clear description of gift
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
SPECIFIC GIFT 4
Concise, clear description of gift
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
SPECIFIC GIFT 5
Concise, clear description of gift
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
SPECIFIC GIFT 6
Concise, clear description of gift
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
CHARITABLE GIFT 1
A charitable gift is a gift of a certain item of property or sum of money to a particular charitable organisation. If you wish to make a specific charitable gift, use this section. If you wish to leave the whole or a part of your general estate to one or more charities, use the "General Bequests" section below. It is wise to check with the charity beforehand, for its full, precise name; that it can accept your gift; and that it can use the gift for the purpose (if any) specified.
Concise, clear description of gift
Full name of charity
Full address of charity
Specific purpose (if any) for which the gift is to be used
CHARITABLE GIFT 2
Concise, clear description of gift
Full name of charity
Full address of charity
Specific purpose (if any) for which the gift is to be used
CHARITABLE GIFT 3
Concise, clear description of gift
Full name of charity
Full address of charity
Specific purpose (if any) for which the gift is to be used
CHARITABLE GIFT 4
Concise, clear description of gift
Full name of charity
Full address of charity
Specific purpose (if any) for which the gift is to be used
GENERAL BEQUEST 1
General bequests deal with the whole of your estate which has not already been dealt with in the "Specific Bequests" or "Charitable Bequests" sections above.
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
Share to be taken by this beneficiary
If this beneficiary is under 18, specify the age at which he/she is to receive this bequest
GENERAL BEQUEST 2
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
Share to be taken by this beneficiary
If this beneficiary is under 18, specify the age at which he/she is to receive this bequest
GENERAL BEQUEST 3
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
Share to be taken by this beneficiary
If this beneficiary is under 18, specify the age at which he/she is to receive this bequest
GENERAL BEQUEST 4
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
Share to be taken by this beneficiary
If this beneficiary is under 18, specify the age at which he/she is to receive this bequest
GENERAL BEQUEST 5
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
Share to be taken by this beneficiary
If this beneficiary is under 18, specify the age at which he/she is to receive this bequest
GENERAL BEQUEST 6
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
Share to be taken by this beneficiary
If this beneficiary is under 18, specify the age at which he/she is to receive this bequest
GENERAL BEQUEST 7
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
Share to be taken by this beneficiary
If this beneficiary is under 18, specify the age at which he/she is to receive this bequest
GENERAL BEQUEST 8
Full name of beneficiary (including surname or family name in BLOCKS)
Full address of beneficiary
Relationship (if any) of beneficiary to testator
Share to be taken by this beneficiary
If this beneficiary is under 18, specify the age at which he/she is to receive this bequest
SUBSTITUTION
If one of the above specific or general beneficiaries should die before you, leaving children who are alive at your death, what do you want to happen? The gift will fail. If a specific gift, it will fall into the residue of your estate to be distributed among your general beneficiaries. If a general gift, it will be distributed among the general beneficiaries who have survived you.
The children of the deceased beneficiary will be substituted for that beneficiary and will take the gift or the share instead, in equal shares.
CHARGING CLAUSE
If you appoint a professional person, such as a solicitor or an accountant, to be an executor, it is usual to include a clause permitting that executor to charge his usual fees for work done by him in administering your estate. Yes - I want to include a charging clause
No - I do not want to include a charging clause
FUNERAL AND DISPOSAL
You may include these wishes in your Will. However, it is wise to ensure that members of your family and your executors are aware of these wishes independently of your Will. If you wish to donate your body to a medical teaching or research institution, you should contact that institution and make the necessary arrangements. Special funeral arrangements - please specify:
You wish your body to be buried at
You wish your body to be cremated at
You wish your ashes to be deposited at
You wish your ashes to be scattered at
You wish your body to be available for medical education and research
You wish your body to be available for therapeutic purposes (organ donation)
FAMILY PROVISION The Inheritance (Family Provision) Act, 1972 gives the Supreme Court wide powers to order provision to be made out of the estate of a deceased person for the maintenance, education or advancement of a person entitled to claim such provision. Persons entitled to claim are:
  • the spouse of the deceased;
  • a person who has been divorced from the deceased;
  • a domestic partner (declared as such under the Family Relationships Act)
  • a child of the deceased;
  • a child of a spouse or domestic partner of the deceased, if that child was maintained wholly or partly or was legally entitled to be maintained wholly or partly by the deceased immediately before his death;
  • a child of a child of the deceased;
  • a parent of the deceased who satisfies the Court that he cared for, or contributed to the maintenance of, the deceased during his lifetime;
  • a brother or sister of the deceased who satisfies the Court that he cared for, or contributed to the maintenance of, the deceased during his lifetime.
It is therefore very important to consider whether any person, in any of the above categories, has a legitimate claim on your testamentary bounty. If so, you should seriously consider making adequate provision for that person in your Will.
EXECUTION

Every Will must be signed by the testator in the presence of two or more witnesses who are present at the same time. The witnesses must sign the Will as witnesses in the presence of the testator.

Persons who are beneficiaries of the Will, and their spouses, must not witness the Will.

Persons who are executors or trustees named in the Will, and their spouses, should not witness the Will.

There are ways to provide for valid execution of a Will by a testator who is under a disability, e.g., blindness, physical inability to sign, illiteracy or inability to read or understand the English language. If you think the testator is under a disability, please give details here:




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