Leaving a bequest
When you decide to leave NPA a bequest, a clause should be inserted in your Will using the following words:
"I GIVE the rest and residue of my estate / OR [insert description of specific gift] / OR [insert percentage]% of my estate free from all debts (secured and unsecured) and all duties and taxes (whether federal or state) payable in respect of my estate to the National Parks Association of NSW Inc (ABN 67 694 961 955) ("NPA") for its general purposes, and I DECLARE that the receipt of an authorised officer of the said NPA shall be a full and sufficient discharge of this bequest."
Whether you are making a new Will, or amending an existing one, we strongly recommend you seek professional legal advice to ensure it complies with current legal requirements and that your wishes can be fulfilled.
You can amend your existing Will to include a bequest to NPA by preparing a signed and witnessed codicil (an additional page to your Will). Seek professional legal advice when preparing your codicil to ensure it does not contradict anything already in your Will and is legally binding.
For substantial amendments we recommend you make a new Will.
Things to remember when preparing your Will
- Choosing an executor; your executor will oversee the execution of your Will. This person needs to be willing, reliable and likely to survive you.
- Provision for spouse, partner, children or dependant relatives.
- Guardianship of minor age children.
- Gifts to individuals; ensure significant gifts to individuals will not have unintended consequences on their entitlements to pensions and benefits.
- Assets not included in your Will; for many people there is much more to the overall estate planning process than making a Will. You may not be aware that some important assets - such as death benefits under a superannuation scheme or a home owned jointly with a spouse — are not included in your estate and are therefore not dealt with in your Will. To make sure your estate and other assets are handled according to your wishes, you should consider a Binding Death Nomination under your superannuation scheme.
- Your legal adviser can ensure all your assets are considered when making your Will.
- Gifts of property; selling an item of property to enable a cash gift would usually attract capital gains tax. Property or shares gifted through a Will to NPA however, would not attract capital gains tax for the estate, or for NPA upon their sale.
- Ensure that your Will is valid and complies with current legal requirements.
Keep your Will safe
Your Will is an important document. Keep your original Will in a safe place, such as with your solicitor. Inform your executor where your Will is kept and keep a confidential copy for yourself for easy review.
Review your Will regularly
Review your Will as your circumstances change. Your personal situation may change with marriage, retirement, births or deaths in the family.
Contact us for more information