Basic Will (spouse and children)

Who might it be appropriate for?

The "Basic Will (spouse and children)" is only applicable where there is the nuclear family of a spouse and children and you wish to leave your estate to your spouse if they survive you; if they do not survive you, then to your children in equal shares.

What does this basic option provide for?

An outline of the contents of the "Basic Will (spouse and children)" for a person wishing to provide for their spouse and children is as follows:

  • previous testamentary acts are revoked;
  • a clause dealing with the order of deaths;
  • the appointment of your spouse as executor and if they do not survive then your children;
  • all of the estate to go to your spouse if they survive you by 30 days; and
  • if your spouse does not survive by 30 days, then to your children equally.  If a child predeceases you leaving children, then those children take their parent's share equally.

Read the information requirements in the checklist.