Simple Standard Reciprocal Will

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SIMPLE STANDARD RECIPROCAL WILL

FULLSERVICEORDERFORM

This Will is a Simple Standard Reciprocal Will and allows for a limited range of options. It is suitable for couples that hold personal assets only, wish to divide their residual estate between each other, their children and other named beneficiaries and have only absolute gifts of money or personal items. Should you require a more advanced Will that incorporates provisions for a Testamentary Trust, 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 the 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 form

2.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:

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 Standard Reciprocal Will for the sum of: $
Direct Debit* / Visa / Mastercard / Cheque
Card Holder Name:
Credit Card Number: - - -
Expiry Date: / / Authorised Card Signature:

*TopaybyDirectDebityoumusthaveacurrentDirectDebitagreementwithTopdocs.IfyouwouldliketoarrangeforDirectDebitforfuture purchasespleasecontactTopdocson1300659242

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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
Main Beneficiaries / E(i) / 6 / 3A - Additional nominated beneficiaries
Gift Over / E(ii) / 7 / 3B - additional ‘back-up’ beneficiaries
No Surviving Beneficiaries / E(iii) / 7 / -
Gifts / Section F
Specific Bequests – Will Maker 1 / F(i) / 8 / 5A - Additional specific gifts
Specific Bequests – Will Maker 2 / F(ii) / 9
Funeral Instructions / Section G
Funeral Instructions – Will Maker 1 / G(i) / 9 / -
Funeral Instructions – Will Maker 2 / G(ii) / 10
Guardians / Section H / 10 / 6 - Additional guardians and alternate guardians

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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 inSCHEDULE 1.
How many children do you have?
1 / Full Name:
Address:
Date of Birth: / / /
Gender: / Male / Female
Occupation:

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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. Where you nominate a specific Trustee they will only hold such of your estate that has not vested on trust until the beneficiary is entitled to it absolutely, e.g. they reach the vesting age.
NOTE: For the Topdocs Simple Reciprocal Standard 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? / Yes
Refer to Section C(ii) for nomination of Substitute Executor/s and Trustee/s / No
Nominate 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 Standard ReciproalWill your Substitute Executor/s and Trustee/s will act ONLY in the event that ALL preceding Executors are unable to act and they will act JOINTLY with any other substitute executors.

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

Name
Address
Relationship to the Will Maker
Gender / Male / Female
Occupation
ACN: (if applicable) / / /

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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
ACN: (if applicable) / / /
THEN (belowselect up to one method only):
Decision of the eldest Executor/Trustee prevails
Decision of a nominated Executor/Trustee prevails / Full Name
Address
Relationship to Will Maker
Occupation: (if applicable)
Gender : (if applicable) / Male / Female
ACN: (if applicable) / / /
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
Relationship to Will Maker
Occupation: (if applicable)
Gender : (if applicable) / Male / Female
ACN: (if applicable) / / /

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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? / Yes
Complete Section E(i) below should your spouse/partner predecease you / No
Complete 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.
If your spouse/partner predeceases you or if your spouse/partner is not to receive the residual of your estate, your beneficiaries in Section E(I) will receive your residual estate.
Section E(II) also allows you to nominate “back up” beneficiaries in case the gifts to your initial beneficiaries do not take effect (e.g. because they die before or at the same time as you). These “back-up” beneficiaries might be relatives, friends or charities.
Section E(III) allows you to nominate whether you wish for rules of intestacy to apply where you have no surviving beneficiaries.
Will your Spouse/Partner be the sole beneficiary of your residual estate? / Yes
Complete Section E(i) below should your spouse/partner predecease you / No
Complete Section E(i) below for initial distributions from residual estate

SECTION E (I): 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 should your spouse/partner predecease you).

my children in equal shares (also complete PART A of Section E(ii)); OR
I wish to nominate the following person/s to receive a distribution from my Residual Estate in the following proportions (also complete details belowand PART B of Section E(ii))
1 / Nominated Person: If you wish for more than one Nominated Person provide details inSCHEDULE 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: $

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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 for the vesting of any distribution from your residual estate, the beneficiary’s share of your estate will then be held ON TRUST until the beneficiary attains that age.
In the Topdocs Simple Standard Reciprocal Will the executors and trustees of your estate will be the trustee of this trust and the trustee will have the power to make advances from that beneficiary’s share of your residual estate to that beneficiary before the vesting age?
Is this conditional on a beneficiary attaining an age greater than 18? / Yes
Specify age: years old / No, 18 is fine
Which beneficiary? / All residual beneficiaries
All of my children
Specific beneficiary: Name:

SECTION E (II): GIFT OVERS (“BACK-UP” BENEFICIARIES)

Should be the person/s you nominate to receive your Residual Estate predecease you, nominate how you would like that person’s share to be distributed.

PART A (your children are beneficiaries and you have or are likely to have grandchildren) if you select more than one they will apply in the order listed
NOTE: UNLESS your Will specifically states otherwise, special rules apply if the beneficiary who has died is a child or grandchild of yours and they have been survived by a child or children of their own. Those rules vary between the different States and Territories according to each States or Territories Wills Act (e.g. Wills Act 1997 (Vic), section 45).
to the children of the deceased child beneficiary (if any);
(unless specified otherwise this will be implied for children of the Will Maker via statute in ACT, NT, Qld, Tas, Vic, WA);
OR/THEN
to the estate of the deceased child beneficiary to be dealt with as per their own Will
(unless specified otherwise this will be implied for children of the Will Maker viastatute in NSW & SA); OR
PART B (you have nominated specific beneficiaries or you wish to nominate specific “back-up” beneficiaries)
redistributed to the remainder of my residual beneficiaries equally; OR
I wish to nominate the following person/s as “back-up” beneficiaries to receive a distribution from my Residual Estate:
1 / Nominated Person: If you wish for more than one Nominated “back-up” Person provide details inSCHEDULE 3B.
Person listed as Initial Beneficiary
Percentage of this person’s share to gift-over / %
Nominated person to receive the gift over, should the initial beneficiary predecease the Will Maker
Address
Relationship to the Will Maker
Occupation
Gender / Male / Female

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SECTION E (III): NO SURVIVING BENEFICIARIES

If there are no surviving Beneficiaries, where do you wish the assets to go to?

NOTE: If your and your first and second named beneficiaries predecease you, then your residual estate will go to your “next-of-kin” according to the rules of intestate (i.e. without a Will). Each state/territory deals with this differently. E.g. Administration and Probate Act 1958 (Vic), s52, lists the rules and order of the division of your estate if not specified otherwise as: your spouse 1/3: children 2/3rds (subject to first $100,000 to your spouse), otherwise mother/father, brother/sister, nephew/niece, then grandparents. If you do not have any of these next-of-kin, difficulties may arise on who has the closest claim to your estate. You may also have your own wishes regarding who would benefit over those residual next-of-kin.
Do you wish for the statutory rules of intestate to apply? / Yes / No
If NO, select who you wish to leave this to. / to the Executor in to distribute in accordance with a letter of wishes signed by me.
to
[relationship to Will Maker],
[name]
of [address],
[occupation]
absolutely
to distribute in accordance with any letter of wishes signed by me.
to a specified charity or charities: Name: No.: Address:
to the charities as my Executors think fit in the shares they think fit
Other. Please specify:

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 inSCHEDULE 5A.
Name
Address
Relationship to Will Maker
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

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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 Standard Reciprocal 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 inSCHEDULE 5B.
Name
Address
Relationship to Will Maker
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

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

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

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SECTION G (II): FUNERAL INSTRUCTIONS – WILL MAKER 2

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
Relationship to the Will Maker
Occupation
Guardian 2
Name
Address
Relationship to the Will Maker
Occupation
When / How to act / Jointly
(this is NOT recommended if there is likely to be disputes with the first mentioned Guardian) / Alternate

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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

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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:

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SCHEDULE 2A - Additional Executors and Trustees

(Section C(i))

2 / Name
Address
Relationship to the Will Maker
Gender / Male / Female
Occupation
ACN: (if applicable) / / /
3 / Name
Address
Relationship to the Will Maker
Gender / Male / Female
Occupation
ACN: (if applicable) / / /
4 / Name
Address
Relationship to the Will Maker
Gender / Male / Female
Occupation
ACN: (if applicable) / / /

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SCHEDULE 2B - Additional Executors and Trustees

(Section C(ii))

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