Letter Of Intent Will for Australia

Letter Of Intent Will Template for Australia

A Letter of Intent Will is a preliminary testamentary document used in Australian jurisdictions that outlines a person's intentions regarding the distribution of their estate. While not carrying the same legal weight as a formal will, it can serve as evidence of testamentary intentions under Australian succession laws and may be recognized as an informal will by courts in certain circumstances. The document typically includes the testator's personal details, intended beneficiaries, asset distribution preferences, and executor nominations, while adhering to state-specific succession law requirements.

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What is a Letter Of Intent Will?

A Letter of Intent Will serves as an interim estate planning tool in Australian jurisdictions, particularly useful when immediate documentation of testamentary intentions is needed before a formal will can be prepared. While not a substitute for a formal will, this document can potentially be recognized as an informal will under various state succession laws if it demonstrates clear testamentary intentions. The document typically precedes a formal will and is particularly valuable in situations requiring quick documentation of wishes, such as before travel or medical procedures, or when access to legal services is temporarily limited. It includes crucial information about asset distribution, beneficiary designation, and executor appointments, though its effectiveness ultimately depends on meeting certain legal requirements under relevant state legislation.

What sections should be included in a Letter Of Intent Will?

1. Personal Details: Full legal name, address, and any other identifying information of the testator

2. Declaration of Intent: Clear statement that this document represents the testator's intentions regarding the disposition of their estate

3. Revocation of Previous Wills: Statement revoking any previous wills or testamentary dispositions

4. Executor Appointment: Nomination of executor(s) to administer the estate

5. Distribution of Estate: Clear instructions on how the estate should be distributed among beneficiaries

6. Residuary Estate: Instructions for distribution of any remaining assets not specifically mentioned

7. Signing and Witnessing: Space for testator's signature, date, and witness details

What sections are optional to include in a Letter Of Intent Will?

1. Specific Bequests: Detailed instructions for particular items or amounts to specific beneficiaries

2. Guardian Appointment: Nomination of guardians for minor children, if applicable

3. Funeral Instructions: Specific wishes regarding funeral arrangements

4. Trust Provisions: Creation of any trusts for beneficiaries, particularly for minor children or vulnerable beneficiaries

5. Digital Assets: Instructions regarding digital assets, passwords, and online accounts

6. Pet Care: Provisions for the care of any pets and possibly funds for their maintenance

7. Family Provision Statement: Explanation of why certain family members might have been excluded from the will

8. Alternative Beneficiaries: Named alternatives in case primary beneficiaries predecease the testator

What schedules should be included in a Letter Of Intent Will?

1. Schedule A - Asset Inventory: Detailed list of major assets including real estate, vehicles, bank accounts, and investments

2. Schedule B - Personal Effects: Detailed list of specific personal items and their intended beneficiaries

3. Schedule C - Digital Assets: List of digital assets, accounts, and access instructions

4. Schedule D - Contact List: List of important contacts including executor, beneficiaries, and professional advisors

5. Appendix 1 - Family Tree: Document showing family relationships to help interpret the will

6. Appendix 2 - Explanatory Notes: Additional context or explanations for decisions made in the will

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Letter of Intent

Sector

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Estate Planning

Wealth Management

Insurance

Banking

Professional Services

Healthcare

Real Estate

Education

Relevant Teams

Legal

Wealth Management

Estate Administration

Private Client Services

Financial Planning

Succession Planning

Document Processing

Client Advisory

Professional Services

Risk Management

Relevant Roles

Estate Planning Lawyer

Wealth Manager

Financial Planner

Private Client Advisor

Trust Officer

Probate Specialist

Will and Estate Administrator

Family Law Practitioner

Tax Consultant

Succession Planning Advisor

Private Banker

Legal Document Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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