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An executor is a person who will deal with your estate after you die.
The job of your executors is to apply for the probate documents, pay your debts (out of your estate assets) and distribute your estate in accordance with your will.

It is advisable to have at least two executors in case one is unable or unwilling to act.
However, too many executors tend to make the probate process more protracted as more people are involved who must be party to the different probate forms etc. and the decision making.
We allow you to appoint up to four executors, but many Wills appoint two executors.

An executor must be over 18 and of sound mind.
It is better to choose people who know you well and will be able to identify people named in the will such as beneficiaries, guardians for minor children etc.
Appoint people you can trust.
Don't appoint people who are much older than you (as you will probably outlive them).
It is common to appoint a spouse, adult children and / or siblings.

Just put in as much of their last known address as you know, even if it is just the town name. For example:
I appoint my cousin William Smith of ...

• ... 34 High Street, Byron Bay, NSW.
• ... High Street, Byron Bay, NSW.
• ... Byron Bay, NSW.

The above examples are all fine.

With regards to your assets, the job of your executors is to:
1) Apply for the probate documents (the documents that prove to organisations such as banks etc. that the executors have the right to deal with your assets)
2) Collect in your assets (money from bank accounts etc.)
3) Pay your debts (out of your estate assets)
4) Distribute any specific gifts made in your will (if any)
5) Distribute the rest of your estate (your residuary estate) in accordance with the residuary clause in your will

This is where your will gives something you own to another person, a group of people (a class), a charity or other organisation.
You can make gifts of:
- Money
- Specific Items
- Property, e.g. a house or flat
- Stocks or shares
Note: Specific gifts are distributed before your Residuary Estate is divided up, so they do not form part of your Residuary Estate.

A beneficiary is a person, a class of people or an organisation to whom the will leaves a gift. This could be a specific gift made in Step 3, or a gift of the estate residue made in Step 4.

A substitute beneficiary is a beneficiary that will receive a gift made by the will, if the primary beneficiary dies before the testator.

This is entirely up to you. You can give your things to whomever you wish.
Many wills do not give any specific gifts, leaving everything to be distributed by the residuary clause.

If your will makes a gift to someone who subsequently dies before you, the gift will fail and will form part of your residuary estate.
A substitute beneficiary can be appointed to receive the gift if the original beneficiary dies before you.
To include a substitutional clause in your gift, click in the check box 'Show options for if a beneficiary dies before me'

This is a group of people that can be identified by a common characteristic.
A typical example of a class would be 'my Grandchildren'. The members of this class are easy to identify (the children of your children!).
If you use a class rather than naming all of your grandchildren in your will, you won't have to amend your will every time a new grandchild is born.
Your will can leave gifts to a class of people, e.g. I give $1,000 to each of my grandchildren, or I give $20,000 to be split equally between my brothers and sisters.
Note: if you are naming your own class (select 'other class'):
1. the class members must be easy to identify:
- e.g. something like 'my friends' is too non-specific and subjective
2. the class must not be too big and unmanageable:
- e.g. something like 'everyone of the Christian faith in Tasmania' is unworkable for your executors.
Good examples of classes are things like:
- my brothers and sisters and nieces and nephews.
- my three team mates of the 1989 Byron Bay Bowls Cup winning team.
- my employees at Byron Bay Motors at the time of my death.
Class members conceived after the date of your death will not be included.

You can leave a sum of money to a person, a class of people, a charity or other organisation.
If you leave a sum of money to a class of people, you have the option of the sum specified being divided equally among the class members, or each member receiving the sum specified.

You can leave a specific item or items to a person, a class of people, a charity or other organisation.
If you are leaving a specific item, you must adequately describe it. The gift will fail if it cannot be distinguished from other similar items.
For example: "I leave my watch to my son Bill Bryson" will fail if you have several watches. Give a better description such as: "I give my gold Cartier watch ..."
Typical examples of specific items are: "my ... "
- "jewellery"
- "art collection as described in the enclosed schedule" (you must ensure that you enclose a schedule with the will that details which paintings etc. are included)
- "Clarice Cliff antiques" (an antiques collection could also be described in a schedule)
- "Cars that I own at the time of my death"
Note: if any gift fails, it will form part of your residuary estate to be distributed among your residuary beneficiaries.

You can leave stocks and shares in a company to a person, a class of people, a charity or other organisation.
Note: If leaving shares to a class of people, some share registrars do not allow a single shareholding to be divided among several beneficiaries. In this case your executors will have to sell the shares.
Note: You must be entitled to the shares on death.

You can leave real property such as a house, apartment or land to a person, a class of people, a charity or other organisation.
Note: If your property is jointly owned as 'joint tenants', when you die, your interest in the property will automatically pass to the surviving joint owner(s) regardless of any contrary provisions in your Will.

You can allow a person to remain in a property you own after you die without giving them the property.
This is useful if you are the sole owner of a property and are cohabiting. When you die you may want to give the property to your children but still allow your partner to remain in the property.
You can specify that the beneficiary can remain in the property until they die or until they remarry.
This clause is structured so that the beneficiary will be responsible for the upkeep and insurance of the property. This will be a condition upon which they can remain in the property.
This gift is currently unavailable but is in development.

Your 'residuary estate' is everything that is left in your estate after your debts have been paid and the specific gifts listed in Step 3 (if any) have been distributed.
With regards to your assets, the job of your executors is to:
1) Apply for the probate documents (the documents that prove to organisations such as banks etc. that the executors have the right to deal with your assets).
2) Collect in your assets (money from bank accounts etc.).
3) Pay your debts (out of your estate assets).
4) Distribute any specific gifts made in your will (if any).
5) Distribute the rest of your estate (your residuary estate) in accordance with the residuary clause in your will.

A beneficiary is a person, a class of people or an organisation to whom the will leaves a gift. This could be a specific gift in Step 3 or a gift of your estate residue in Step 4.

A substitute beneficiary is a beneficiary that will receive a gift made by the will, if the primary beneficiary dies before the testator.

This is a group of people that can be identified by a common characteristic.
A typical example of a class would be 'my Grandchildren'. The members of this class are easy to identify (the children of your children!).
It is better to use a class rather than naming all of your grandchildren in your Will, as you would otherwise have to amend your Will every time a new grandchild is born.
Note: if you are naming your own class:
1. the class members must be easy to identify:
- e.g. something like 'my Friends' is too non-specific and subjective
2. the class must not be too big and unmanageable:
- e.g. something like 'everyone of the Christian faith in Tasmania' is unworkable for your Executors.
Good examples of classes are things like:
- my brothers and sisters and nieces and nephews.
- my three team mates of the 1989 Byron Bay Bowls Cup winning team.
- my employees at Byron Bay Motors at the time of my death.
Class members conceived after the date of your death will not be included.

This depends entirely on your particular circumstances.
Read the guidance notes below for each clause.
Try out the different clauses and see which one works best for you.
Creating a new clause will delete an existing clause.

Just put in as much of their last known address as you know, even if it is just the town name. For example:
I leave my estate to my cousin William Smith of ...

• ... 34 High Street, Byron Bay, NSW.
• ... High Street, Byron Bay, NSW.
• ... Byron Bay, NSW.

The above examples are all fine, but the more information you put in the better.

This clause gives the whole of your residuary estate to your spouse, partner or civil partner.
But if they die before you, then your estate is divided equally between your children (or grandchildren of any predeceased children).
Note: if you have a child from a previous relationship and die first, your current surviving spouse/partner/civil partner is under no obligation to provide for that child on their death.

This clause leaves the whole of your residuary estate to a class of people in equal shares.
For more information about 'classes' see 'What is a class of people?' above.
For example, if you leave your residuary estate to your grandchildren in equal shares, your residuary estate will be split equally between all grandchildren living at the date of your death. Any born later will not be included.

This clause gives the whole of your residuary estate to one named primary beneficiary.
This primary beneficiary could be a person, a class of people, a charity or other organisation.
If the primary beneficiary is a 'person' or a 'class of people', you have the option of saying who you would like to inherit if the named person or a class member dies before you.
If the primary beneficiary is a 'person' you have the further option of saying whether your Residuary Estate should go to the substitute beneficiaries equally or in specified shares if the primary beneficiary dies before you.

This clause splits the whole of your residuary estate equally between beneficiaries you name.
Each beneficiary can either be a person, a class of people, a charity or other organisation.
If a beneficiary is a 'person' or a 'class of people', you have the option of saying who you would like to inherit their share, if the named person or a class member dies before you.
This clause gives the testator more flexibility for complicated distributions.

This clause splits the whole of your residuary estate between beneficiaries you name in shares you specify.
The shares are expressed as a percentage of your residuary estate.
The total shares MUST add up to 100%.
Each beneficiary can be either a person, a class of people, a charity or other organisation.
For example, you could leave:
- 20% to your brother, John Smith (person)
- 35% to your cousins (class)
- 15% to the RFDS (charity)
- 30% to the Greens Political Party (other organisation)

Funeral wishes indicate your wishes for your funeral arrangements.
You can say if you would like your body to be cremated or buried and where you would like to be buried or have your ashes scattered.
You can also indicate a preference for hymns at your funeral, donations to a charity in lieu of flowers etc.

No, funeral wishes are not legally binding.
They are merely an indication of your wishes.

I Desire that ...

• "the hymn Bread of Heaven be sung at my funeral"
• "my body or any part thereof as is suitable shall be used for such therapeutic purposes or for the purposes of medical education or research"
• "donations be made to the RFDS in lieu of funeral flowers"

Use 'and' to include several wishes:
E.g. I Desire that ...
"the hymn Bread of Heaven be sung at my funeral and my body or any part thereof as is suitable shall be used for such therapeutic purposes or for the purposes of medical education or research and donations be made to the RFDS in lieu of funeral flowers"

I would like my ashes ...

• "scattered in the sea at Byron Bay"
• "interred with my wife's ashes at Byron Bay cemetary"
• "kept with my wife's ashes"