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What is an ‘Incidental Beneficiary’ Clause?

The Online Will contains an incidental beneficiary clause. This clause determines the path that you wish any gift you have nominated to travel.

It stipulates that if a beneficiary dies before you, then their children would receive that benefit which was to be theirs. If they have no children, the benefit is to be shared amongst the other beneficiaries entitled to share in the residuary estate.

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Who Can Witness a Will?

Any adult over the age of 18 can witness a Will as long as they are not a beneficiary or the spouse/de-facto of a beneficiary, otherwise they could automatically lose their entitlement to the estate. Both witnesses must be present when the Will maker signs the Will and they must also witness each other signing the Will in the presence of each other and the Will maker.

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What is a Guardian?

A Guardian is the person(s) that you nominate to take responsibility for your minor children in the event that both parents are no longer living. This is a very important role and one that requires serious thought.

It is recommended that you discuss the appointment of a guardian with them prior to completing your Will.

In most cases a surviving natural parent assumes guardianship of minor children. However, if there is a dispute, the court takes into account

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What is an Executor and Trustee?

The Will combines the role of executor and trustee. In other words they are the same person(s). An executor is the person(s) who administers your estate after your death. They are charged with the responsibility of paying all creditors and ensuring that your wishes and instructions are carried out.

It is usual for the main beneficiary to be the executor of the estate with an alternate being chosen in case the

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