Introduction
This form provides Advocate Lawyers with the necessary information to start a conversation about your Will. It contains questions that gather the information needed to draft a Will that is tailored to your specific needs and circumstances. Once we receive your information, we will arrange an initial conversation with you to clarify your instructions and confirm fees after which we will draft your will in accordance with your wishes.
Our Fees
Our fixed-price packages start from:
- Will for single person - starting from $470
- Wills for a couple - starting from $750
- Power of Attorney or Enduring Guardianship - $185 per document
Once you have provided us with your details, we will assess the work required to draft your documents and then provide a confirmed cost so that you can proceed with confidence.
Tips for Using the Online Form
Once you start filling out this form, you must complete and submit your information. It is not possible to save your progress and return later. If you are unsure of any particular section then please just type, “unsure, for discussion” and we can go through it with you. Once you have completed the form, we will be in touch with you on the next available business day to discuss next steps.
If you prefer to work from a local document on your computer, or you want to print out the form and work off paper,
CLICK HERE to download the form as a PDF. You can then email the form to us at
contact@advocatelawyers.com.au, mail the form to our
PO Box or call us on
03 6204 9000 and bring your form to one of our offices.
Your Partner
So that we can properly tailor documents to meet your specific needs, your partner will need to separately fill out this form. This allows us to properly advise on how your wills should be drafted based on how your assets are controlled and your individual wishes.
Please click "next".
About You
Contact Details
Citizenship Details
Religious and/or Cultural Considerations
Relationship Status
Existing Will
If you have a current Will, we will ask you for a copy of it. This may assist if there is ever a challenge to your Will. If your new Will is substantially different from your previous Will, we will discuss the reasons for the change with you. This may protect your gifts if someone who has been removed as a beneficiary makes a claim against your Will.
Urgency
In circumstances where you are ill and/or concerned about passing away before we finalise your Will, we can have you sign an informal Will until we have your formal Will drafted. Where you may be concerned with a diagnosis of a condition that may affect your testamentary capacity we need to discuss this with you (such as Dementia or Alzheimer's disease).
Executor/s
The executor of your Will may be one person or several people. An executor is the person who will organise your assets, pay your debts and makes distributions to your beneficiaries in line with your Will. The Executor may be a beneficiary but does not have to be. They should be someone you trust who is capable and willing to organise your estate after you pass. If you do not have anyone to act or wish to appoint an independent person, you may choose to appoint a professional such as a lawyer, the Public Trustee or an accountant. However, be aware professional executors charge fees for the work they do.
Please advise the full name, address and contact number of your executor/s? You may list a single person, or more than one person jointly or in order of who you would preference.
Executor 1
Executor 2
Executor 3
Executor 4
Assets and Liabilities
Although your assets and liabilities may change throughout your life, we document your current assets and liabilities so that we can advise your executor of the likely location of these things if required. It is particularly important for us to know if you own property interstate or overseas.
NOTE: if you own real estate with another person, it is possible that it may pass to them without becoming part of your estate. This may mean you cannot gift it to someone in your Will. This will depend on whether you own as "joint tenants" or "tenants in common". We can discuss this with you and confirm if you are uncertain as it will be on the title documents.
Assets
Please list any assets (including property) that you own which are valued at more than $10,000. Please include a description of the asset, whether it is owned jointly AND your estimated value.
Liabilities
Please detail any debts that you have such as credit cards, mortgages etc. Please note where it is a joint liability with another person AND your estimated current value.
More Questions About Your Financial Circumstances
Superannuation
Superannuation does not automatically form part of your estate and will usually require a Binding Nomination. This needs to be witnessed and we complete this with you as part of drafting your Will.
Please advise on the following details for your superannuation:
Specific Gifts
Specific gifts are specific items or fixed sums of money that you wish to leave to individuals i.e. “$10,000 to my friend” or “jewellery to my daughter”. Where you leave an item but it no longer belongs to you or exists at the time you pass away the gift will fail and the beneficiary is not left anything in the place of that specific gift unless the Will specifies they will be. You may choose not to specifically gift any items and instead, leave your estate to one person or several people in equal or specific shares.
Specific Gift 1
Specific Gift 2
Specific Gift 3
Specific Gift 4
Other Specific Gifts
Beneficiaries of the residue/rest of your estate
The "rest/residue of your estate" is everything left after you have given specific items away. You can leave everything to one person or organisation or you may choose to divide your estate between several individuals i.e. 50% each or equally between 3+ people.
Please advise who you will leave the rest of your estate to as a first option and in what shares.
Beneficiary 1
Beneficiary 2
Beneficiary 3
Beneficiary 4
Other Beneficiaries
'Backup’ Beneficiaries
If primary beneficiaries do not survive you then we would usually have a clause allowing their gift to flow to their children, if any. If this does not suit you, we can change that clause. If we put nothing, the part that was meant for the beneficiary who has predeceased you will be divided between remaining beneficiaries who have outlived you.
If your preferred beneficiaries above do not survive you by 30 days (as required by Tasmanian law), who do you wish to be ‘backup’ beneficiaries?
Backup Beneficiary 1
Backup Beneficiary 2
Children Not Yet Mentioned
Children Under 18
If your children are under the age of 18, there is a legal presumption that the surviving biological parent will have responsibility for those children. You may wish to nominate a guardian in case both parents pass away or if it is likely that the surviving biological parent would not be in a position to take your children (such as where the other parent has no contact with them currently).
Burial Instructions
You do not have to put burial instructions in your Will but if you have particular wishes then we can include that in your Will so your executor is aware of those wishes. If you do not have any wishes, just write “none” to confirm.
If you wish to become an organ donor then now is a timely reminder to register to become a donor at
www.donatelife.gov.au, through
MyGov or we can assist you to register.
Instructions Regarding Your Funeral Service
Instructions Regarding Your Body
Potential Claims on Your Estate
Claims may be made against a Tasmanian estate under the Testator's Family Maintenance Act 1912 (Tas) by any eligible beneficiary who believes that they should have received a share, or a greater share, under a Will. Eligible beneficiaries may be your spouse, children (biological, stepchildren or adopted), parents, ex-spouse receiving maintenance at the time of your death, and/or a person in a de facto or a registered significant relationship.
This may include an ex-spouse you are not yet divorced from, a child that you are estranged from, or a family member who you financially support but is not benefiting under your Will.
Power of Attorney and/or Enduring Guardianship
An Enduring Power of Attorney gives authority to your nominated Attorney to deal with your financial affairs if you become incapacitated for any reason. An Enduring Guardianship gives authority to your appointed Guardian to make health or personal decisions on your behalf should you ever become incapacitated for any reason.
Advance Care Directive
An Advance Care Directive allows you to decide now, or to guide, what health care and treatment you receive in the future if you lose the ability to make and communicate decisions yourself. This will guide or direct any guardian you may appoint if you require them to make decisions.
Other Instructions and/or Considerations
Next Steps
Once we receive your information, it will be reviewed by one of our lawyers. We will contact you on the next available business day to arrange an initial phone appointment with you to clarify your instructions and confirm fees.
Please click the "submit" button below to finalise the form and lodge your information.
