SAMPLE WILL INSTRUCTIONS

Testator’s Particulars
Name: Anna Jane Sorbey
DOB: 27.06.1980
Address: 24 Lonsdale Street, Braddon ACT 2612
Occupation: Principal
Relationship: Widow (to the late James Malcolm Sorbey)
Children: Sophie Anna Sorbey (9)
Thomas James Sorbey (7)
Significant assets
63 Elizabeth Street, Braddon ACT 2612, owned 100% (est. $650,000)
NGS Super (est. $230,000 + life insurance), no BDN
PSS spouse pension ($45,000pa indexed)

Instructions – Will
Burial Cremation
Executor (1) Marcus Trent Andrews (brother)
173 Country Road, Wirreanda North ACT 2432
(2) Shelly Maria Andrews (sister)
48/116 Bringelly Street, Wirreanda South ACT 2450
Guardians (1) Jane Maria Andrews (mother) and Bruce Andrews (father)
116 Hopgood Circuit, Wirreanda ACT 2611
(2) Marcus Trent Andrews
Gifts (1) Everything to children equally (or grandchildren); then
(2) Residue to parents equally; then
(3) Residue to Marcus and Shelly equally (or their children); then
(4) Residue to charity Growing Change Australia (WA)

SAMPLE SIMPLE WILL

This will is an example of a simple will drafted in accordance with common instructions. The
details are fictitious. The clauses in this will are drafted using Hutley’s Australian Wills
Precedents, Appendix A.
In practice you will likely take preliminary instructions from a client during the interview
(sufficient to give preliminary advice), then confirm their instructions in writing and once
they have engaged your services have them provide you with further information (such as full
names and addresses and other relevant details) and then prepare their will. Once the Will is
prepared you will email your client a draft for review. Once all amendments have been made
arrange a signing meeting with your client.
The Sample Simple Will commences page 2.

1
Last Will

THIS WILL is made by me ANNA JANE SORBEY of 24 Lonsdale Street, Braddon in the
Australian Capital Territory.

1. I revoke all previous testamentary acts.

2. I wish to be cremated.

3. Where:

(a) (i) one or more persons have died;

(ii) a person has died and one or more deaths are presumed; or
(iii) two or more deaths are presumed; and
(b) 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: firs, 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.

4. (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 died before me.

(2) (i) 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 survive the specified
period or attained the specified age; and
(ii) Income produced by the gift between my death and vesting of the gift
accumulates to the gift.

5. (1) I appoint my parents JANE MARIA ANDREWS and BRUCE ANDREWS both
of 116 Hopgood Circuit, Wirreanda in the Australian Capital Territory guardians
of my minor children.

(2) If my parents refuse or are unable to act as guardian of my minor children, I

appoint my brother MARCUS TRENT ANDREWS of 173 Country Road,
Wirreanda North in the Australian Capital Territory as guardian of my minor
children.

6. (1) I appoint as my executor and trustee my brother MARCUS TRENT ANDREWS

of 173 Country Road, Wirreanda North in the Australian Capital Territory.

(2) If my brother MARCUS TRENT ANDREWS refuses or is unable to act as my

executor and trustee I appoint as my executor and trustee my sister SHELLY
MARIA ANDREWS of Unit 48, 116 Bringelly Street, Wirreanda South in the
Australian Capital Territory.

(3) ‘My executors’ means the persons named or referred to in subclauses (1) and (2)
while acting, and my personal representatives and trustees for the time being.

7. My executors hold my estate on trust:

(a) (i) subject to subparagraph (ii) to divide the whole of my estate equally

2
 among those of my children SOPHIE ANNA SORBEY and THOMAS
JAMES SORBEY who survive me and have attained or attain the age of
twenty five (25) years;

(ii) if a child of mine 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 the age of twenty five (25) years, then those children
having attained or on attaining their respective ages of twenty five (25)
years take equally the share which their parent would otherwise have taken;

(c) subject to the preceding trusts to divide the residue of my estate equally among
those of my parents JANE MARIA ANDREWS and BRUCE ANDREWS
who survive me;

(b) subject to the preceding trusts:

(i) subject to subparagraph (ii) to divide the residue of my estate equally

among those of my brother MARCUS TRENT ANDREWS and my sister
SHELLY MARIA ANDREWS who survive me;

(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 attained the age of twenty five (25) years,
then those children having attained or on attaining their respective age of
twenty five (25) years take equally the share which their parent would
otherwise have taken;

(d) subject to the preceding trusts:

(i) to give the residue of my estate:

(A) to GROWING CHANGE AUSTRALIA LTD. (ABN 97 602 988

198) of Western Australia;

(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 distraction
consider most nearly fulfils or fulfil the objects I intend to benefit in
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.

8. (1) 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

3
 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, for any purpose, 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 loans 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

4
 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

(v) 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
5
 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 property 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.

(2) 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.

DATED 2016

ANNA JANE SORBEY signed in the presence of both of }

us being present at the same time, and we attested }
her signature in the presence of her and of each other }
Testatrix

Witness 1: Witness 2:
Full name: Full name:
Occupation: Occupation:
Address: Address: