Will intake form

You have a partner if you’re married or have a de facto/domestic relationship.

In a will, unless otherwise specified, “child” is deemed to only include biological and legally adopted children, and exclude stepchildren.

A guardian has the same authority as a parent and is responsible for caring for your minor or dependent children in the event of your death. Your guardian will take responsibility for your child if all others with parental responsibility (such as a surviving parent) are unable to.

A backup guardian can fill the position, should your original choice of guardian be unable or unwilling to serve their role as guardian.

Pet care funds can cover things like pet food and other costs to care for your pet. Executors will typically do their best to make this happen, but it won’t be legally binding.

The backup executor(s) will assume all responsibility for administering your estate if the executor you selected is unable or unwilling to act or continue to act.

Provide details of all current assets, including any intellectual property or digital assets or business assets, and future assets likely to fall into the estate. Include type of interest/ownership. Assets can include property, bank account, financial assets (bonds, stocks etc), superannuation fund, life insurance policy, valuables (art work, jewellery etc), legal or business interests. NOTE: The provisions of a will do not affect the disposal of joint tenancy property or superannuation accounts. Joint tenancy property can only be dealt with if the joint tenancy is first severed into a tenancy in common. Superannuation needs to be dealt with by binding nomination.

All current debts, including any mortgages, personal loans, credit card debt etc

Family trust, unit trust, self managed super fund or otherwise

Gifts are specific items you’d like to give to specific people or charities. You can gift anything you own, whether it’s a possession or an amount of money. You can also gift a life estate, a portable life estate, or a right of residence allowing a beneficiary to reside in a property. Anything you don’t gift will automatically go toward your estate. There are some restrictions on gifts. You cannot give away: your spouse or de facto's property; proceeds from financial instruments that already have beneficiaries (such as a life insurance or retirement fund); jointly held property where the other party automatically receives your share upon your death (e.g. property owned in joint tenancy).

You can tick both if applicable. You can gift a single item to multiple beneficiaries. You will just need to note whether it is to be split equally and if not, what proportion each person is to receive.

If yes, you will require a complex will appointment. A life estate creates an interest in the property which may be sold, mortgaged or leased. A portable life estate gives the life tenant flexibility to find alternate accommodation if the need arises. A personal right of residence allows a beneficiary to reside in a property.

Tick yes if you would like to leave your residue estate to your partner and if your partner dies before you, to your children. If one of your children passes away before you, their share will go to their children born prior to the time of your death (your grandchildren). If that child does not have any children at the date of your death, their share will be split equally between your other surviving children.

Your estate is everything that you own, apart from any specific gifts you leave. Although you are able to split your estate however you wish, you should keep in mind that financial dependents (such as your spouse or kids) may have a claim to part of your estate, and excluding them may result in conflict.

E.g. Where your funeral service should be held. Whether you have funeral insurance and if so, details. Whether your funeral arrangements been prepaid and if so, details.