VIC Wording in new draft Will

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Destiny

Well-Known Member
10 March 2020
63
3
199
Victoria
Hello, I am in progress of drafting a new Will but baffled as to whether wording put into the draft is appropriate.

1.It basically states that if one of my joint beneficiary sons predeceases me, that share goes to his child. There is no date specified for survival of beneficiaries after my death what happens. They both currently have no children, so if I died tomorrow what happens then??
2. What is the survivorship law/time frame in Victoria after death and should I request removal of this wording.
3. If hypothetically they did have an unknown child, wouldn't this create mayhem stating these words in Will?
4. I have also have a home (in my sole name) and draft states real & personal estate upon trust to convert the same into money. Should home be a separate paragraph with any specific extra wording being a major asset.?
Included in brackets I have not seen on Will's prior- (or other property of a terminable hazardous or wasting nature)???????

Any suggestions really appreciated as I feel this draft was a rushed chosen template, just adding the misspelt names in it.
 

Tim W

Lawyer
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28 April 2014
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Are you doing it yourself?
 

Destiny

Well-Known Member
10 March 2020
63
3
199
Victoria
Hi Tim
No drafted by solicitor but had my concerns whether was really listening. Spelling mistakes definitely rushed typing when I asked where draft is.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,939
820
2,894
Sydney
You are literally paying to have a will drafted that,
so far as the law allows, reflects your testamentary intentions.
If you're not happy, then say so.
If it's not clear, then say so.
And don't sign it (or pay for it!) until you are happy with it.
 
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