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Order Forms  > Will with a Testamentary Trust

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Will with a Testamentary Trust

Testator (Person Making The Will)

Full Name :*

Occupation :

Address 1 :*

Address 2 :

City :*

State :*

Phone :
(H)     (W)


If your spouse also wants a Will prepared and all the details
shown on this sheet are also applicable to your spouse then indicate here.

However if any details differ for your spouse then please use a separate Will Instruction Sheet.


Executor (not including spouse)

Full Name :

Address 1 :

Address 2 :

City :

State :



Alternative Executor

Full Name :

Address 1 :

Address 2 :

City :

State :



All Children

Full Name :

Age :



Guardian Of Any Infant Children(if both you and your spouse die)

Full Name :

Address 1 :

Address 2 :

City :

State :



General Questions

  • Are you presently married?
    If you are not married but you are engaged, tick the following box (and provide your fiance's name in the "Spouse" section over the page)
  • If your partner survives you, then is he/she to be the Executor and receive all of your estate?
  • If your partner does not survive you, do you want to leave your Estate to your children named over the page in equal shares as long as they attain a certain age?
  • Have any of your children died leaving grandchildren who you wish to include as beneficiaries?
  • If any of your children die before you leaving children of their own then do you want your child’s share to go to those grandchildren (in equal shares)?
  • Do any of your children or grandchildren have any disabilities or circumstances requiring special consideration?
  • If your spouse predeceases you and you die leaving NO children or grandchildren then please indicate who you want to leave your estate to and in what proportion. If yes provide details:
  • Do you want to make any special gifts in your Will of money or assets to particular persons?
  • Are you a Director or Secretary or Shareholder of any Private Company?
  • Are you a Trustee or Beneficiary or Guardian/Appointor of any Trust?
  • Are you a partner or owner of any business?
  • Have you ever been divorced?


If your partner dies before you, if you die, leaving no children or grandchildren, then to whom do you wish to leave your estate?

Full Name :

Relationship(if one exists) :

% of Estate :



Schedule Of Specific Gifts

Beneficiary 1

Full Name :

Address 1 :

Address 2 :

City :

State :

Detail of Gift(s) :



Testamentary Trust

A Testamentary Trust is a trust created by your Will.

You nominate in your will the beneficiaries of the testamentary trust.

The trust may be either a fixed trust where a beneficiary and his or her children have a defined interest in trust assets or a non fixed or discretionary trust which allows the trustees at their discretion to distribute income and capital between the beneficiaries of the trust.

The testamentary trust does not take effect until your death.

Your will can provide for separate testamentary trusts for nominated beneficiaries.

Your will can provide for the distribution of particular assets or the residue of your estate to the testamentary trust.

Trustee: The trustee is responsible for controlling the trust. You can appoint any person such as the executor of your estate, beneficiary, independent person or company as the trustee.

Appointor: The appointor has the power to change the trustee of the trust. You can appoint any person as the appointor.

Term of Trust: The trust can continue for a maximum period of 80 years. Generally the trustee has the power to wind up the trust at an earlier date.

Questions

  • Do you wish to create a Testamentary Trust for:
  • Is a separate Testamentary Trust desired for each of the persons mentioned above:
  • Who is to be the Trustee/Appointor?




  • Name of nominated (independent) person:
  • Specific instructions regarding the Trustee/Appointor:
  • Do any of your children or grandchildren have any disabilities or circumstances requiring special consideration?


  • Beneficiary of trust entitled to distribution of trust income?


  • What share/property/assets/money in your estate will be gifted in the testamentary trust/s?
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