Form of will embodying a testamentary discretionary trust for spouse, partner, children and remoter descendants

Form of will embodying a testamentary discretionary trust for spouse, partner, children and remoter descendants
Author(s) : Aitken, J K; Dowdle N B
Short Description :
Publisher : Digital
Format : Word document deliver by email
ISBN : 0000691445
Published : January, 2011

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This precedent document is a template form of will embodying a testamentary discretionary trust for spouse, partner, children and remoter descendants. It establishes a testamentary discretionary trust.
The precedent is to be executed as a will by the testator. It includes an attestation clause for two witnesses.

The precedent form of will includes clauses relating to:
· appointment of executors and trustees;
· payment of funeral and testamentary discretionary expenses and debts;
· establishment of a testamentary discretionary trust to dispose of the estate; and
· the terms of the discretionary trust created under the will, including appointment of the trustee, the trustee's discretion, distribution of income and capital to beneficiaries, and method of payment.

Similar or related precedents available for purchase include:
· Deed establishing discretionary trust
· Form of will leaving estate to children
· Form of will leaving estate to spouse or, if spouse predeceases, to children
· Form of will leaving life interest to surviving spouse, remainder to children
· General form of powers of executors and trustees

Current updating authors:


· J K Aitken, LLM (Melb), Barrister and Solicitor of the Supreme Court of Victoria

· N B Dowdle, LLB (Monash), Barrister and Solicitor of the Supreme Court of Victoria

Previous contributors:


· Charles Rowland, Advocate of the Supreme Court of South Africa; Senior Lecturer in Law, Australian National University