A quick reference guide on which template to use in relation to Will, Probate, Administration, and Living Will.

1. Last Will and Testament with Spouse and Children - Last Will and Testament made by an individual with spouse and children. Give everything to the spouse first, but if the spouse died first, give all to children in equal share.

2. Last Will and Testament with Children and No Spouse - Last Will and Testament made by an individual with children but no spouse. Give everything to children and their descendants in equal shares.

3. Last Will and Testament with Spouse and No Children - Last Will and Testament made by an individual with a spouse but no children. Give everything to the spouse but if the spouse died first, give everything to designated charity / in accordance with the law of intestacy.

4. Last Will and Testament with No Spouse and No Children - Last Will and Testament made by an individual with no children and no spouse. Give everything to siblings and their descendants, otherwise give everything to designated charity / in accordance with the laws of intestacy.

5. Enduring Power of Attorney – Individual Incapacitated – Financial Affairs - This POA for an individual is to appoint an attorney to manage his / her financial affairs in case he /she becomes incapacitated / lacks the mental capacity to make decisions. This is particularly important in the case of one spouse possessing all / most of the financial resources in the family.

6. Enduring Power of Attorney – Individual Incapacitated – Medical Decisions - This POA for an individual is to appoint an attorney to make medical, health, and care decisions in case he /she becomes incapacitated / lacks the mental capacity to make decisions.

7. Living Will - Advance Directives - Advance directives set out how the patient wants to be treated if they become seriously ill and unable to communicate their wishes. In many jurisdictions, it must be witnessed by a medical practitioner and people who are not beneficiaries of the Will.

8. Statement / Letter of Wishes - Will and Testament - Statement / letter of wishes to provide general guidance to the executor and set out the reasons for distribution. While the document is not legally binding, it can have strong moral sway. This is particularly important where there could be a potential challenge to the will in case of unequal distributions.

9. Statement / Letter of Wishes - Trustee of Trust Fund - Statement / letter of wishes to provide general guidance to the Trustee on the distribution of the Trust Fund and set out the reasons for distribution. While the document is not legally binding, it can have strong moral sway.

10. Statement / Letter of Wishes - Medical and Care - Statement / letter of wishes to provide general guidance to the carer and set out any preferences on medical and end of term care. Whilst this may not be legally binding, the carer will generally try to fulfill such wishes.

 

How to use this Document? 

This document should be carefully read by the user and should be used as a general guide or reference as to how documents should be executed. It provides background information as well as essential requirements regarding the execution of documents to ensure that the documents are enforceable and uphold the relevant rights of parties.