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T O P D O C S . C O M . A U

TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILLFULL SERVICE ORDER FORM

This Will is a Simple Testamentary Reciprocal Will and allows for a limited range of options. It is suitable for couples that hold personal assets only, wish to establish a testamentary trust for their residual estate in the same way and have only absolute gifts of money or personal items. Should you require a more advanced Will that incorporates more than one testamentary trust, provisions for, Superannuation Proceeds, a Company, Trust and / or gifts of specific assets such as real estate or should the options in this order form not meet your requirements please refer to another Simple Will Order Form, an Advanced Will Order Form or contact Topdocs Legal to discuss your needs in further detail.

What you are required to do to order your Document:1. Complete this order form2. Mail, fax or email this form to Topdocs

Address: Suite 2, Level 2, 22 Albert Road South Melbourne VIC 3205; Fax: (03) 8256 0108 ; Email: [email protected]

SECTION A (I): PERSON/ADVISER ORDERING DETAILS

Name: Signature:

Company Name:

Postal Address:

Date Of Order: / / Your Ref:

Phone: ( ) - - Fax: ( ) - -

Email:

SECTION A (II): PAYMENT DETAILS

Enclosed is payment for a Simple Testamentary Reciprocal Will for the sum of: $

Direct Debit* Visa Mastercard Cheque

Card Holder Name:

Credit Card Number: - - -

Expiry Date: / Authorised Card Signature:

*To pay by Direct Debit you must have a current Direct Debit agreement with Topdocs. If you would like to arrange for Direct Debit for future purchases please contact Topdocs on 1300 65 92 42

mailto:[email protected]


TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE 2 OF 11

INDEX

DESCRIPTION SECTION PAGE SCHEDULE

Personal details Section B

Will Maker details B(i) 3 -

Family Structure B(ii) 3 1 - Additional children

Executors and Trustees Section C

Appointment of initial executors and trustees C(i) 4 2A -Additional executors and trustees

Appointment of substitute executors and trustees C(ii) 4 2B - Additional substitute executors and trustees

More than one executor and trustee C(iii) 5 -

Whole Estate Section D 6 -

Residuary Estate Section E

Testamentary Trust – Beneficiaries E(iv) Part A 7 4A - Additional nominated beneficiaries of trust

Testamentary Trust – Trustees and Appointors E(iv) Part B 7 4B – Additional Trustees and Appointors

Gifts Section F

Specific Bequests – Will Maker 1 F(i) 9 5A - Additional specific gifts

Specific Bequests – Will Maker 2 F(ii) 9 5B - Additional specific gifts

Funeral Instructions Section G

Funeral Instructions – Will Maker 1 G(i) 10 -

Funeral Instructions – Will Maker 2 G(ii) 10 -

Guardians Section H 11 6 - Additional guardians and alternate guardians



SECTION B (I): WILL MAKER DETAILS

Will Maker 1 Details

Name

Address

State:

Gender Male Female

Date of birth: / /

Occupation

Will Maker 2 Details

Name

Address

State:

Gender Male Female

Date of birth: / /

Occupation

SECTION B (II): FAMILY STRUCTURE

Where you provide details here you do not need to repeat all details in other the remainder sections

Children Details (if applicable): If you have more than one child please provide details in SCHEDULE 1.

How many children do you have?

1 Full Name:

Address:

Date of Birth: / /

Gender: Male Female

Occupation:



SECTION C (I): EXECUTOR OF WILL AND TRUSTEE OF ESTATE

You must nominate at least one Executor and Trustee.

NOTE: Your Executor/s will apply for probate, ascertain your assets, pay debts, distribute any gifts (either to a beneficiary absolutely or to your Trustees to hold on trust until the gift vests in a beneficiary absolutely) and the remainder of your estate will be paid by your Executor in according to your directions in Section E.

NOTE: For the Topdocs Simple Testamentary Reciprocal Will your Executors will also be the Trustees of your estate. If there is more than one nominate they will act JOINTLY.

Will your Spouse/Partner be the sole Executor of your Will and Trustee of your estate?

YesRefer to Section C(ii) for nomination of Substitute Executor/s and Trustee/s

NoNominate your Executor/s and Trustee/s below

If you wish for more than one provide details in SCHEDULE 2A.

Name

Address Relationship to the Will Maker

Gender Male Female

Occupation

ACN: (if applicable) / /

SECTION C (II): SUBSTITUTE EXECUTOR/TRUSTEE

You should nominate a substitute person/s in the event that your Executor/s and Trustee/s predecease you or are unable or unwilling to act.

NOTE: For the Topdocs Simple Testamentary Reciprocal Will your Substitute Executor/s and Trustee/s will act ONLY in the event that ALL preceding Executors/Trustees are unable to act and they will act JOINTLY with any other substitute executors/trustees.

If you wish for more than one provide details in SCHEDULE 2B.

Full Name


Gender Male Female

Occupation




SECTION C (III): MORE THAN ONE EXECUTOR/TRUSTEE / MORE THAN ONE SUBSTITUTE EXECUTOR/TRUSTEE

Where more than one executor/s or trustee/s is named in your Will they will act JOINTLY. However disputes may arise and it is therefore important to specify how decisions be made in these circumstance.

DISPUTES:

Majority decision prevails

Executors/Trustee must first consult with

Full Name

Address

Relationship to Will Maker

Occupation: (if applicable)

Gender : (if applicable) Male Female


THEN (below select up to one method only):

Decision of the eldest Executor/Trustee prevails

Decision of a nominated Executor/Trustee prevails

Full Name

Address





Executors/Trustees are to use an Alternative Dispute Resolution (ADR) procedure to resolve the dispute

Which ADR procedure?

Mediation

Arbitration

Mediation then Arbitration

Will the ADR costs to be borne by your estate?

Yes No

Who will appoint the Arbitrator/Mediator?

the President of the relevant state/territory law institute

Other. provide full details below

Full Name

Address







SECTION D: WHOLE ESTATE

You can deal with your estate either as a whole or in parts according to specific gifts (Section F) and the residual (Section E).

Will your Spouse/Partner be the sole beneficiary of your whole estate?

YesComplete Section E(iv) below should your spouse/partner predecease you

NoComplete Section F (if any gifts are to be made) and Section E below for distributions from residual estate

SECTION E: RESIDUAL ESTATE

Your Residual Estate is your estate after expenses and specific gifts (Section F) have been paid out.

This section provides for you to select that all your remaining assets go to your spouse/partner.

If you do not have a spouse/partner, your spouse/partner predeceases you or if your spouse/partner is not to receive the residual of your estate, a discretionary testamentary trust will be established to receive your residual estate for your beneficiaries in Section E(IV).

Will your Spouse/Partner be the sole beneficiary of your residual estate?

YesComplete Section E(iv) below should your spouse/partner predecease you

NoComplete Section E(iv) below for initial distributions from residual estate

Note: Section E(i) – E(iii) are for the Standard Wills and are not relevant for Testamentary Trust Wills.

SECTION E (IV): TESTAMENTARY TRUST

A testamentary trust is simply a trust created in a Will or with money or other assets that came from a deceased estate. The trust comes into effect on the Will maker’s death. A testamentary trust can take many forms but a common one is a discretionary testamentary trust.

Testamentary trusts are designed to provide maximum flexibility and allow for tax-effective distribution of capital and income as well as providing possible protection of your beneficiaries from third parties such as creditors. With optimum allocation of income and capital via the trust, this may also permit beneficiaries to qualify for aged, disability and sole parent pensions, Austudy or the like, for which they would otherwise not have qualified under a normal inheritance.

The incorporation of testamentary trusts into a Will is not relevant to every situation but in many cases they offer valuable advantages over simple Wills. You should strongly consider including a discretionary testamentary trust if:

• your estate will include, or is likely to be converted into,

o a substantial sum of money or

o income producing investments;

• you would leave all or a substantial part of your estate to an adult beneficiary who has children under 18; and

• there is a reasonable possibility of that beneficiary investing the gift they receive to earn income over a period (rather than spending it all on non-income producing assets – such as a house to live in – or to pay down debt)

NOTE: For the Topdocs Simple Testamentary Reciprocal Will the testamentary trust established will be a discretionary trust.

Name of Trust



PART A: BENEFICIARIES

Select the initial beneficiaries of your estate (or if your spouse/partner is to receive the whole or residual of your estate in the first instance, the beneficiaries of the testamentary trust should your spouse/partner predecease you).

my spouse/partner as primary beneficiaries

your children (if any) will be general beneficiaries and be able to benefit from the trust. Should your spouse re-marry or have further children after you pass away, that partner and any children from that partnership will also be entitled to benefit from the trust; OR

my spouse/partner as primary beneficiaries and my children equally as secondary beneficiaries

should your spouse re-marry or have further children after you pass away, that partner and any children from that partnership will also be entitled to benefit from the trust, however after your spouse dies, your children will gain control of the trust and be entitled to the trust fund in default of any prior appointment by the trustee; OR

my children as primary beneficiaries

your spouse/partner, if you have one, will be a general beneficiary and be able to benefit from the trust and will have the right to reside in any house for CGT purposes. Should your spouse re-marry or have further children after you pass away, that partner and any children from that partnership will also be entitled to benefit from the trust, however after your spouse dies, your children will gain control of the trust and be entitled to the trust fund in default of any prior appointment by the trustee; OR

I wish to nominate the following person/s as primary beneficiaries

all nominated beneficiaries will be entitled to the trust fund in equal shares in default of any prior appointment by the trustee

1 Nominated Beneficiary: If you wish for more than one Nominated Beneficiary provide details in SCHEDULE 3A.

Name

Address

Relationship to the Will Maker

Occupation

Gender Male Female

Equal share, % or specified amount of Residual Estate this trust is to receive

Equal Specified proportion: % Specified amount: $

PART B: TRUSTEE AND APPOINTOR:

The Trustee will have legal but not beneficial title to the assets distributed to the trust. It will hold, manage and administer the funds and assets on trust according to the terms of the trust deed with the usual powers of investment.

The Appointor of the trust has the power to appoint and remove trustee so ultimately has control of the trust. They are appointed as a means of protection.

Will the trustee of your estate be the Trustee/s and Appointor/s of this trust?

Yes No - complete trustee/appointor and successors (if any)

Control Age:The Appointor will control and protect the trust until their death or they become unable or unwilling to act, upon which the primary beneficiaries (or secondary beneficiaries if there are any) will become the Appointors jointly. If there is a possibility that they will be minors then you should specify an age that they must attain to take control (or if there is more than one, when the youngest of them turns that age.)

What is the control age for the primary/secondary beneficiaries on the death, resignation or incapacity of the initial Appointor?

years old



NOTE: For the Topdocs Simple Testamentary Reciprocal Will, if there is more than one trustee or more than one appointor they will act jointly and the substitutes will only act if ALL preceding trustees or appointors (respectively) are unable or unwiling to act.

For more than one trustee/appointor or substitute trustee/appointor complete SCHEDULE 4B.

TRUSTEE

Full Name

Address


Occupation

Gender Male Female


SUBSTITUTE TRUSTEE

Full Name

Address


Occupation

Gender Male Female


APPOINTOR

Full Name

Address


Occupation

Gender Male Female


SUBSTITUTE APPOINTOR

Full Name

Address


Occupation

Gender Male Female




SECTION F (I): SPECIFIC GIFTS/BEQUESTS – WILL MAKER 1

If you would like to gift specific assets to particular people or entities, please record the details in this section, otherwise leave this section blank.

Specific Gift 1: If there is more than 1 specific gift provide details in SCHEDULE 5A.

Name

Address


Occupation

Gender Male Female

Specific Bequests Money: $

Art, Collectables & Jewellery: (item description)

Household Items: (item description)

Personal Items: (item description)

Proportion if not 100% %

Vesting Age Is this conditional on the beneficiary attaining an age greater than 18? Yes No

If YES: Specify age: years old

NOTE: VESTING AGE: If a beneficiary has not reached the age of majority (18 years old in most states/territories) or you have specified an age greater than 18, the gift will then be held ON TRUST until the beneficiary attains that age.

In the Topdocs Simple Testamentary Will the executors and trustees of your estate will be the trustee of this trust. For gifts of money the trustee will still have the power to make advances from that beneficiary’s share of the residual estate to that beneficiary before the vesting age?

SECTION F (II): SPECIFIC GIFTS/BEQUESTS – WILL MAKER 2

If your spouse/partner is making a reciprocal Will and your spouse/partner would like to bequest specific assets to particular people or entities, please record the details of their specific bequests in this section. Otherwise leave this section blank.

Specific Gift 1: If there is more than 1 specific gift provide details in SCHEDULE 5B.

Name

Address


Occupation

Gender Male Female








TOPDOCS


SIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE 10 OF 11

SECTION G (I): FUNERAL INSTRUCTIONS – WILL MAKER 1

If you would like to indicate how your body is to be dealt with complete this section. These wishes should be made known to your executors/trustees and close family members prior to your death and you may wish to keep additional instructions regarding this with your Will and other papers.

According to your written wishes or otherwise at the direction of the Executors

Buried:

(optional)

near where I die

at the following location:

Cremated:

(optional)

ashes to be deposited at the following location:

ashes to be scattered over the following location:

Use of body(optional) body available for anatomical, therapeutic, medical or scientific purposes

body donated for education research or other medical or scientific purposes.

Specify hospital or university (optional):

use of body is strictly NOT allowed

I wish to be an organ donor (optional) Yes No

SECTION G (I): FUNERAL INSTRUCTIONS – WILL MAKER 2 According to your written wishes or otherwise at the direction of the Executors

Buried:

(optional)

near where I die

at the following location:

Cremated:

(optional)

ashes to be deposited at the following location:

ashes to be scattered over the following location:

Use of body(optional) body available for anatomical, therapeutic, medical or scientific purposes

body donated for education research or other medical or scientific purposes.

Specify hospital or university (optional):

use of body is strictly NOT allowed

I wish to be an organ donor (optional) Yes No



SECTION H: GUARDIANS

If you wish to nominate a Guardian or Guardians in relation to your children (if one or more are under 18 at the time of your death) complete this section.

Guardian

Name

Address


Occupation

Guardian 2

Name

Address


Occupation

When / How to act Jointly(this is NOT recommended if there is likely to be disputes with the first mentioned Guardian)

Alternate

If you wish to select additional Guardians or Alternate Guardians provide details at SCHEDULE 6.

Support for Guardian(s)

Express wish for Guardians not to suffer from financial burden? Yes No

Express power for the Executor to provide loans to Guardians? Yes No

Is annuity to be paid to Guardian? Yes

Amount: $

Frequency:

(e.g. weekly, monthly, yearly) No


TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE i

SCHEDULE 1 - Additional Children(Section B(ii))

2 Full Name:

Address:

Date of Birth: / /

Gender: Male Female

Occupation:

3 Full Name:

Address:

Date of Birth: / /

Gender: Male Female

Occupation:

4 Full Name:

Address:

Date of Birth: / /

Gender: Male Female

Occupation:

5 Full Name:

Address:

Date of Birth: / /

Gender: Male Female

Occupation:

6 Full Name:

Address:

Date of Birth: / /

Gender: Male Female

Occupation:

7 Full Name:

Address:

Date of Birth: / /

Gender: Male Female

Occupation:

8 Full Name:

Address:

Date of Birth: / /

Gender: Male Female

Occupation:


TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE ii

SCHEDULE 2A - Additional Executors and Trustees(Section C(i))

2 Name

Address


Gender Male Female

Occupation


3 Name

Address


Gender Male Female

Occupation


4 Name

Address


Gender Male Female

Occupation



TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE iii

SCHEDULE 2B - Additional Substitute Executors and Trustees(Section C(ii))

2 Name

Address


Gender Male Female

Occupation


3 Name

Address


Gender Male Female

Occupation


4 Name

Address


Gender Male Female

Occupation



TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE iv

SCHEDULE 4A – RESIDUAL ESTATE (Testamentary Trust)Additional Nominated Beneficiaries of Trust

(Section (E(iv) Part A)

2 Name

Address


Occupation

Gender Male FemaleEqual share, % or specified amount of Residual Estate this trust is to receive


3 Name

Address


Occupation



4 Name

Address


Occupation



5 Name

Address


Occupation




TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE v

SCHEDULE 4B – RESIDUAL ESTATE (Testamentary Trust)Additional Trustees and Appointors of Trust

(Section E(iv) Part B)

ITEM A - TRUSTEES

TRUSTEE 2

Full Name

Address


Occupation

Gender Male Female


TRUSTEE 3

Full Name

Address


Occupation

Gender Male Female


TRUSTEE 4

Full Name

Address


Occupation

Gender Male Female



TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE vi

ITEM B – SUBSTITUTE TRUSTEES

SUBSTITUTE TRUSTEE 2

Full Name

Address


Occupation

Gender Male Female



Full Name

Address


Occupation

Gender Male Female



Full Name

Address


Occupation

Gender Male Female



TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE vii

ITEM C - APPOINTORS

APPOINTOR 2

Full Name

Address


Occupation

Gender Male Female


APPOINTOR 3

Full Name

Address


Occupation

Gender Male Female


APPOINTOR 4

Full Name

Address


Occupation

Gender Male Female



TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE viii

ITEM D – SUBSTITUTE APPOINTORS

SUBSTITUTE APPOINTOR 2

Full Name

Address


Occupation

Gender Male Female



Full Name

Address


Occupation

Gender Male Female



Full Name

Address


Occupation

Gender Male Female



TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE ix

SCHEDULE 5A – GIFTSAdditional Specific Gifts – Will Maker 1

(Section F(i))

Specific Gift 2

Name

Address


Occupation

Gender Male Female








Specific Gift 3

Name

Address


Occupation

Gender Male Female









TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE x

Specific Gift No.:

Name

Address


Occupation

Gender Male Female








Specific Gift No.:

Name

Address


Occupation

Gender Male Female









TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE xi

SCHEDULE 5B – GIFTSAdditional Specific Gifts – Will Maker 2

(Section F(ii))

Specific Gift 2

Name

Address


Occupation

Gender Male Female








Specific Gift 3

Name

Address


Occupation

Gender Male Female









TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE xii

Specific Gift No.:

Name

Address


Occupation

Gender Male Female








Specific Gift No.:

Name

Address


Occupation

Gender Male Female









TOPDOCSSIMPLE TESTAMENTARY RECIPROCAL WILL FULL SERVICE ORDER FORM PAGE xiii

SCHEDULE 6 – Additional Guardians(Section H)

Guardian 3

Name


Occupation


Alternate

Guardian 4

Name


Occupation


Alternate

Documents

TOPDOCS · Web viewShould your spouse re-marry or have further children after you pass away, that partner and any children from that partnership will also be entitled to benefit from