How it works
The State Trustees Will Kit is an Australian legal Will template prepared by State Trustees, the trusted experts who have written over 100,000 Wills. It helps people with straightforward circumstances create a convenient and affordable legal Will.
What you get
Will template: A legally valid template to make your own Will with step-by-step instructions
Will Planning Guide: To help you plan your will.The Will Kit explains the important aspects of a Will, like nominating your Executor and beneficiaries and specifying guardianship for your children. A sample Will is also included for your reference.
Comprehensive Templates: The Will Kit has comprehensive templates to help you take an inventory of your assets and debts, and Will Notes to help you structure your Will.
What happens to a property that is jointly owned by me and my partner?
If the property is held by the owners as “joint tenants”, on the death of one of the owners, ownership of the property passes automatically to the surviving owner or owners, regardless of what the Will of the deceased owner says.
If there is only one surviving owner, the property becomes part of his or her estate as sole owner, and can be dealt with according to his or her wishes, including by being distributed under his or her Will. Different considerations apply if the property is held by the owners as “tenants in common”: this means each owner can generally gift their share of the property in their Will.
Refer to page 10 in the Will Planning guide in the ‘Property Ownership’ section under ‘Things You Should Know’ for further information.
When is a Will Kit not suitable? When should I consider a consultative Will?
A Will Kit is not suitable if you:
- or your spouse/partner have a child or children from a previous relationship;
- are proposing to leave someone out of your Will who expects to benefit from your estate;
- have an interest in a family trust, private company, self managed superannuation fund, or partnership;
- have any beneficiary with special needs, e.g. due to a disability;
- want to include a trust of any kind in your Will;
- have complex assets, e.g. an extensive share portfolio or overseas property;
- want to distribute your residuary estate to more than one person in different proportions.
If any of these situations applies to you, or you’re unsure about how to proceed, you must seek the assistance of a Will writing professional.
When should I use a Will Kit?
Our Will Kit will help you prepare your own Will according to your wishes. It’s intended for use in uncomplicated situations. For example where you intend to give everything you own to:
- your surviving spouse or partner, or
- if you don’t have a partner or your partner has died, to your children, or
- if you don’t have a partner or children, to other family members, friends or charities.
Why do I need a Will?
Having a clearly written and up-to-date Will is important as it:
- helps ensure your property and possessions are distributed the way you want;
- outlines who you want to benefit from your estate;
- reduces potential conflict after your death;
- helps your Executor understand how you would like your affairs managed
Who can make a Will?
If you are over 18 years of age and have testamentary capacity (meaning you have the mental ability to know and understand what you are doing and why), you can make a Will. You can also make a Will if you’re under 18 years of age and are either married (or previously married), or have the consent of the court.
What happens if I don’t make a Will?
If you don’t have a Will, State and Territory laws says who will benefit from your estate. This is done by using a legislative formula – it can mean that your property and possessions might not be distributed as you would have wanted.