Last Will & Testament Form

You can use a Last Will & Testament to provide for the transfer of your assets to named beneficiaries after you die. You can also use it to make funeral arrangements and provide for the management of property left to young beneficiaries.

If you fail to make a will, a judge will determine how your property is to be divided amongst your heirs following your death based on the ‘rules of intestacy’ which are decades old (and set out under the Administration of Estates Act, 1925). Usually only your immediate family will receive your property under these rules of intestacy.

This Last Will & Testament form is tailored for a female who is married or in a registered civil partnership and who has minor children. It allows the will maker to make as many specific gifts (gifts of cash and specific objects) as she wishes under her will and then to gift the residuary of her estate to her husband/partner. A person’s estate includes everything he or she owns at the time of death, while his or her residuary estate comprises of that part of his or her estate that is remaining after all the specific gifts (gifts of cash and specific objects) set out in his or her last will have been made and all debts and taxes owing at the time of hisor her death have been discharged. It is often the largest part of a person’s estate.

If the will maker’s husband/partner fails to survive her for a period of 30 days following her death, her residuary estate will pass to her children in equal shares. Her children’s inheritance will be managed by a trustee until they reach an age at which they are entitled to receive the inheritance – being an age chosen and specified in the will by the will maker.

This Last Will & Testament is a downloadable form. It comes complete with guidance notes and instructions on how to complete the form.

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