Glossary of Key Will Terms
- Testator
The person who makes the will.
- Beneficiary
- Estate
The total property and assets you own.
- Executor
- Residue

Why, How, and When to Make a Will
Making a will is essential to ensure that your estate is managed as per your instructions after you pass away. Without a will, your assets may be distributed according to legislation, which could differ from your wishes. It is especially important if you have specific bequests or underage children. A will can be made at any time after turning 18, and it’s a vital step for planning your legacy.
Testamentary Capacity
You must be over 18, understand the implications of a will, know the extent of your estate, and be free of mental illness that could affect your judgment.
List of Assets


Beneficiaries
Name those who will receive your assets, along with their addresses.
Guardian for Children
Executor
Choose a responsible person or organization (like NSW Trustee and Guardian) to manage the distribution of your estate.
Specific Gifts


Funeral Arrangements
Include details if you have pre-paid arrangements.
Signatures
Residue
This refers to what remains after all gifts have been distributed. Clarify who should receive the residue of your estate.
Substitute Executor

Keep it Simple
Avoid complex legal jargon. For instance, instead of “I hereby bequeath the entirety of my estate including but not limited to…,” keep it straightforward: “I give my property at [address] to my son, [Name, DOB].” A simple, clear will is easier to follow and less likely to cause misunderstandings.
Key Considerations
- Age of Beneficiaries: Specify when your underage children will receive their inheritance, for example, at 18 or 21.
- DIY Kits vs. Legal Advice: While DIY kits exist, it’s advisable to consult a legal expert. A properly drafted will ensures all your wishes are executed, avoiding potential legal challenges.
