Simple Will Generator

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/*
 *  Codebase: Simple Will Generator
 *  Author/Contributor: Andrew Mowbray and Graham Greenleaf
 *  Publisher: Australasian Legal Information Institute (AustLII)
 *  Last updated: 19 June 2021
 */

INFORMAL PERSON the testator
STRING the name of the testator
PROMPT what is the name of the person making the Will
DATE the date of execution of the Will
DATE the date of the old Will

GOAL DOCUMENT Last Will & Testament PROVIDES
IF the testator should make a Will THEN BEGIN
    CALL Disclaimer
    CALL Preamble
    CALL Revocation
    CALL Contemplation of Marriage
    CALL Sole Beneficiary
    CALL Attestation
END

DOCUMENT Disclaimer PROVIDES
PARAGRAPH Disclaimer: This is not a real Will and must not be used as such.
This Will does not purport to accurately represent the current or past law
of any jurisdictions.

DOCUMENT Preamble PROVIDES
PARAGRAPH This Will dated {the date of execution of the Will} is made by me 
{the name of the testator}, of {the testator's address}, 
{the testator's occupation}.

DOCUMENT Revocation PROVIDES
IF all former testamentary dispositions are to be revoked THEN
    NUMBERED PARAGRAPH I revoke all former testamentary dispositions.
ELSE
    NUMBERED PARAGRAPH I revoke all former testamentary dispositions except 
    clause(s) {the list of clauses from the old Will which are to be saved} 
    of my testamentary instrument dated {the date of the old Will} which 
    clause(s) I hereby confirm.

DOCUMENT Contemplation of Marriage PROVIDES
IF the Will is to be made in contemplation of marriage THEN BEGIN
    IF the Will is to be conditional on the marriage actually taking place THEN
        NUMBERED PARAGRAPH This Will is made in contemplation of my 
        marriage with {the name of the testator's fiancée} and is 
        conditional on the marriage taking place within 
        {the maximum number of months within which the wedding must 
        take place} months.
    ELSE
        NUMBERED PARAGRAPH This Will is made in contemplation of my marriage 
        with {the name of the testator's fiancée} but is not conditional on the 
        marriage taking place.
END

DOCUMENT Sole Beneficiary PROVIDES
IF everything disposed of under the Will is to be left one person THEN BEGIN
    IF the sole beneficiary is over 18 THEN
        NUMBERED PARAGRAPH I give the whole of my estate to 
        {the name of the sole beneficiary} whom I appoint my sole executor. 
    ELSE BEGIN
        NUMBERED PARAGRAPH I give the whole of my estate to 
        {the name of the sole beneficiary}.
        NUMBERED PARAGRAPH I appoint {name of the executor and trustee} as 
        my sole executor and sole trustee of my estate.
    END
END ELSE BEGIN 
    NUMBERED PARAGRAPH I give the whole of my estate in equal shares to 
    {the names of the joint beneficiaries}.
    NUMBERED PARAGRAPH I appoint the {the name of the executor} as my 
    sole executor. 
END

DOCUMENT Attestation PROVIDES
PARAGRAPH SIGNED by the testator in our presence and attested by us in the 
presence of the testator and each other.


//
//	Rules about Testamentary Capacity in NSW
//

RULE Power to Make a Will PROVIDES
the testator should make a Will ONLY IF
    the testator is over 18 years of age AND
    there is not any doubt about the testator's mental capacity to make a 
    Will AND/OR
    the test set out in Banks v Goodfellow is met AND/OR
    the Will is to be approved by the Supreme Court under section 18 of the 
    Succession Act 2006 OR
    the testator is not over 18 years of age AND
    the Will is to be made in contemplation of marriage AND
    there is not any doubt about the testator's mental capacity to make a 
    Will AND/OR
    the test set out in Banks v Goodfellow is met OR
    the testator is not over 18 years of age AND
    the Will is to be approved by the Supreme Court under section 16 of the 
    Succession Act 2006 

RULE The Test in Banks v Goodfellow PROVIDES
the test set out in Banks v Goodfellow is met ONLY IF
    the testator can appreciate the effect of making a Will AND
    the testator can recall the assets that make up the testator's estate AND
    the testator can comprehend that there are people who are entitled to 
    provisions from the deceased estate AND
    the testator does not suffer from a disorder that stops the testator
    from making rational decisions about the distribution of the testator's
    estate

 

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