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LAST WILL AND TESTAMENT OF ____________________
I, ____________________, presently of ____________________, hereby revoke all former testamentary dispositions made by me and declare this to be my last Will.
The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by statute or common law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court.
WITNESSES
This instrument was signed on the above written date by ____________________, and in our presence the Testator declared this instrument to be their last Will. At the Testator's request and in the presence of the Testator, we subscribe our names as witnesses hereto. Each of us observed the signing of this Will by ____________________ and by each other subscribing we witness and affirm that each signature is the true signature of the person whose name was signed. Each of us is now the age of majority, a competent witness and resides at the address set forth after their name.To the best of our knowledge, the Testator is of the age of majority or otherwise legally empowered to make a Will, is mentally competent and under no constraint or undue influence.We declare under penalty of perjury under the laws of the Commonwealth of Australia that the foregoing is true and correct this 1st day of October, 2023, at __________, .Signed by ____________________ in our presence and then by us in their presence.
Signature
_______________________
Name
Address
City/Town
Postcode
A Last Will and Testament is also known as a:
A Last Will and Testament is an important estate planning document that individuals use to outline how they wish their estate to be distributed after they pass away.
A Last Will is often used to communicate essential instructions as well, such as who will retain custody of children or pets, who will take over management of a business, and more.
LawDepot's Last Will and Testament can be used in:
Some of the most common terms found in a Last Will are:
No matter your situation, creating a Last Will helps you to communicate your final wishes to your friends and family about how to distribute your property, pay off any debts, handle business or family needs, and more.
A Last Will is especially important for individuals who:
If you pass away without creating a valid Last Will, your estate is divided based on intestacy laws and your property may not be given to the beneficiaries you would have chosen.
When a person passes away without a valid Last Will in place (i.e. they died intestate), their property is distributed according to state or territorial mandated intestacy laws. This results in distribution being dependent on a number of factors, such as whether or not you had children, were in a relationship (i.e. you were married or in a de facto relationship), had any other living relatives (such as parents or grandparents), etc.
Because an intestate person's estate is distributed to their heirs based on state or territorial law, they risk having important instructions overlooked or their estate being divided differently than they would have divided it. For example:
For a Last Will and Testament to be considered valid, certain requirements must be met, including:
If a Last Will is not completed properly, it may be considered invalid. In some instances, however, even a valid Last Will can be contested (i.e. disputed in court) if someone (like a beneficiary, executor, unnamed heir, etc.) believes the Last Will wasn't written properly or that the deceased was pressured into creating it.
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