WILL AND TESTAMENT

OF

[INSERT: YOUR FULL NAME]

[Instructions: Parts highlighted and in square brackets should be edited/removed as appropriate]

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Sign here: Witness 1 sign here: Witness 2 sign here:

THIS IS THE LAST WILL AND TESTAMENT of me, [insert your full name] of [insert your address] in the state of New South Wales, a [insert your occupation].

  1. I HEREBY REVOKE all former wills and codicils made by me and declare this to be my last will and testament.

Executor and trustee

  1. I APPOINTmy spouse [insert their name] of [insert their address], to be the sole executor and trustee of this my will (the Trustee).

Estate

  1. I GIVE100%of the residue of my Estate both real and personal of whatsoever kind and wheresoever situate to my spouse, [insert their name] of [insert their address]for [his/her] own use and benefit absolutely.

Trustee powers

  1. I DECLARE that my Trustee shall have the power to exercise in respect of my real and personal property all such statutory and other powers as would be exercisable as if my estate were held by my Trustee upon trust for sale.
  2. I EMPOWER my Trustee in his or her discretion to postpone any sale, calling in and conversion of the whole or any part of my Estate, invest my residuary estate in any form of investment and at any time to vary an investment, for so long as the he or she shall think fit without being answerable for any loss to my Estate.
  3. I EMPOWER my Trustee, when distributing assets, to have the discretionary power to distribute those assets subject to any gearing, including any loan, mortgage, charge, or other lender’s interest, and with the consent of the lender if necessary, and such powers as they may require to obtain the consent of the relevant lender, a the power to refinance, or provide moneys from my Estate, for the purpose of maintaining the gearing and distributing the geared property to a beneficiary. Subject to this clause, geared property for the purposes of this clause is to be valued at market value as determined by an independent valuer appointed by my Executors, less the amount of any gearing.

IN WITNESS WHEREOF I have set my hand on this ______day of ______Two Thousand and SixteenSIGNED by the Testator as and for [his/her] last Will and Testament in our presence and by us at [his/her] request and in [his/her] presence all present at the same time / Signature of Testator
[sign here]
Signature of Witness
[witness 1 sign here]
Name:
Address: / Signature of Witness
[witness 2 sign here]
Name:
Address:

[Please note: your spouse cannot be a witness]

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Sign here: Witness 1 sign here: Witness 2 sign here: