We're starting 2025 with a bang! Check out all the new content that's been added to Smarter Drafter in the last month.

Welcome to the precedent update for January. This update features amendments to Estate Planning precedents, new Court Forms, and minor adjustments to other documents.

Let’s dive in!

Essentials

Content update: Estate Planning

Last Will and Testament (long-form)

• Personal effects – we have added options for dealing with the testator’s personal effects, and you can now deal with these as follows:
  • give specific gifts of particular items to nominated beneficiaries 
  • give all (or remainder) of personal effects direct to nominated beneficiaries
  • give all (or remainder) of personal effects to the executor/s to distribute in accordance with an attached list, with items not dealt with to form part of the testator’s estate (this was the pre-existing provision)
  • give all (or remainder) of personal effects to the executor/s to distribute as they fit, with a further option to include some general instructions eg ‘equally among my children’

The term ‘personal effects’ is used so that the clause applies to personal (and often low-value) items. Specific gifts of high value items can be given by way of a specific gift of an asset in the specific gifts section of the form.

• Gifts of real estate and other assets – these are now able to be added by way of a ‘repeat’ function, to streamline the process of completing the form. You can add up to 3 gifts of real estate and 4 gifts of other assets.
• The online form now references ‘the testator’ throughout, instead of using a short-form name for each testator as each form is completed, to promote consistency of experience.

Binding Death Benefit Nomination

A general form for creating a binding nomination of beneficiaries in respect of a person’s superannuation death benefits is now available in the Estate Planning suite of documents. An intake form has also been created, which you can send to clients for them to complete directly.

Legislation update

References to the Inheritance (Family Provision) Act 1972 (SA) have been updated throughout to Succession Act 2023 (SA).

Content update: Court Forms

The following form has been added:

• Federal Court – Form 28 Notice of change of address for service – now available in Court Forms > Federal > Federal Court of Australia

The following form has been amended:

• Probate Kit (Qld)
  • email has been added as an option for method of service of the Notice of Application for Grant on the Public Trustee
  • date formats have been reviewed and updated to Australian format, i.e. 31 December, not December 31.

Content update: Blank templates

Questionnaire is available for:

• Deed/agreement – option to include trust details in party details for parties acting as trustees

Content update: Other

Minor amendments have also been made to the following documents:

• Employment Contract
• Enduring Power of Attorney (SA)

*****

Download the full Document and Precedent list

Those are the highlights from the past month, but if you want to see the full list, click the button below.