Last updated 5 August 2016
The model set out below covers only a family situation when a spouse wishes to leave everything to the other spouse or, if the other spouse dies first, to the children.
Wills can incorporate many other clauses. They may establish certain trusts, make specific monetary or other gifts to persons or organisations and leave particular assets to certain people.
The will set out below passes the whole of the estate to the testator’s spouse, provided that spouse survives the testator. If the spouse dies before the testator, the will below passes the whole of the estate to the child or children equally.
THIS IS THE LAST WILL AND TESTAMENT OF ME
(full name of testator)
of (full address of the testator) in the State of Queensland
1. I REVOKE all former wills and declare this to be my last Will.
2. I APPOINT my husband/wife (full name of husband/wife) to be the Executor and Trustee of this my will provided that if my husband/wife predeceases me, renounces or otherwise not act or continues to act or shall die before my estate is completely administered then I APPOINT (full name(s) and address(es) of alternative Executor(s))(herein after called ‘my Trustees’) to be the Executor(s) and Trustee(s) of this my will.
3. I GIVE, DEVISE AND BEQUEATH the whole of my estate both real and personal UNTO my husband/wife (full name of spouse) absolutely PROVIDED THAT should my husband/wife predecease me, then UNTO my Trustee/s UPON TRUST for such child or children of mine as shall be living at the date of my death, and if more than one, in equal shares.
4. Should my said husband/wife predecease me I APPOINT (full names and addresses of guardians) to be the guardian(s) of my infant child or children.
IN WITNESS WHEREOF I have to this my last Will and Testament set my hand this (day) day of (month) 20 (year)
SIGNED BY THE SAID (full name)
(signature of testator)
IN OUR JOINT PRESENCE AND ATTESTED BY US IN THE PRESENCE OF HIM/HER AND EACH OTHER