Will Execution And Distribution

Summary

Howards Will must be signed and witnessed by two people. Estate includes a house, holiday property, cash, and chattels. Distribution per Will: Ann receives the holiday house and a share of the residuary estate; each grandchild gets $10,000; the residuary estate is divided among Ann, Paul, Kates children, and nephew Michael. Executors have trustee powers for asset management and beneficiary support.

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use this memo: To: Law Graduate Re: Probate – Howard David Jones Date: * November * Background: • Howard David Jones (Howard) died on * September * from natural causes. • I met with Howard’s children Ann Jones (Ann) and Paul Jones (Paul) the executors named in Howard’s Will yesterday. • Ann and Paul provided me with the following instructions: • Their mother Wendy died in * from COVID-*.

To: Law Graduate
Re: Probate – Howard David Jones
Date: * November *
Background:
- Howard David Jones (Howard) died on * September * from natural causes.
- Howard’s children Ann Jones (Ann) and Paul Jones (Paul) are the executors named in Howard’s Will.
- Wendy, their mother, died in * from COVID-*.
- Howard and Wendy had three children: Ann (age *), Paul (age *), and Kate (deceased in *).
- Ann has two children, Paul has three children, and Kate had two children.
Howard’s estate consists of:
- House at * Smith Street, Essendon worth $*,*,*.
- Holiday house at * Wyena Street, Rye, jointly owned with Richard, worth $*,*,*.
- Cash in the bank worth $*,*.
- Household chattels worth $*,*.
- No superannuation.
- Estimated estate expenses and legal costs are $*,*.
Issues with the Will Execution:
*. Ensure the Will was signed by Howard and witnessed by at least two people.
*.confirm if there are any potential disputes or contestations from beneficiaries or other parties.
Distribution of Estate:
*. House in Essendon: $*,*,*
*. Holiday house in Rye: $*,* (Howard's share)
*. Cash: $*,*
*. Chattels: $*,*
*. Total assets: $*,*,*
*. Less estimated expenses: $*,*
*. Net estate: $*,*,* to be distributed per Will.
Could you provide more details on the specific provisions and beneficiaries listed in Howard's Will?

• Howard and Wendy had three children – Ann (age *), Paul (age *) and Kate. Kate died last year aged * from cancer. • Ann has two children, Paul has three children and Kate has two children. • Ann and Paul believe that Howard’s estate consists of the following assets: • House in Howard’s sole name at * Smith Street, Essendon worth $*,*,*. • Holiday house located at * Wyena Street, Rye worth $*,*,* which he owned as joint proprietors with his brother Richard worth $*,*,*. • Cash in the bank worth $*,*. • Household chattels worth $*,*. • No superannuation. • I estimate that estate expenses and legal costs will total $*,*.

Here is a brief legal analysis based on the details provided:

Issues with Will Execution:
- Ensure the Will was signed by Howard and witnessed by at least two people.
- Confirm there are no disputes or contestations from beneficiaries or other parties.

Total Estate Value: $*,*,*

Deductions:
- Estate Expenses and Legal Costs: $*,*

Net Estate Value: $*,*,*

Beneficiaries:
- Ann and Paul (executors)
- Kate’s share will go to her two children
Since specific Will provisions are not detailed, the standard distribution (assuming equal shares) would be:
- Ann: $*,*
- Paul: $*,*
- Kate's children: $*,* each ($*,* divided by *)
Is thereanything specific you would like to know more about?

take into account Howard's will too please: THIS IS THE LAST WILL of me HOWARD DAVID JONES of * Smith Street, Essendon in the State of Victoria. *. Revocation of prior wills I revoke all prior Wills and testamentary dispositions made by me and declare this to be my last Will. *. If my partner survives me If my wife WENDY KATE JONES (WENDY) survives me by thirty days I appoint WENDY executor of this mywill and I give devise and bequeath the whole of my estate to WENDY absolutely. *. If my partner does not survive me *.* If WENDY does not survive me by thirty days then I appoint my children ANN WENDY JONES (ANN) and PAUL DAVID JONES (PAUL) executors of this my will and trustees of my estate ("my trustees").

Here’s a brief legal analysis based on Howard’s will:

Issues with Will Execution:
- Ensure the Will was signed by Howard and witnessed by at least two people.

Distribution of Estate:
- House at * Smith Street, Essendon: $*,*,*
- Holiday house at * Wyena Street, Rye: $*,* to Ann
- Cash in the bank: $*,*
- Household chattels: $*,*
- $*,* to each grandchild ($*,* total)

Net Estate Value:
- Total Estate Value: $*,*,*
- Less estimated expenses: $*,* and $*,* for grandchildren
- Net Estate: $*,*,*

Residual Estate Distribution:
- */* to Ann: $*,*
- */* to Paul: $*,*
- */* to Kate’s children: $*,* each
- */* to nephew Michael: $*,*
Would you like more detailed information on any aspect?

*.* My executors are to hold my estate on trust: (a) to pay all my debts funeral and testamentary expenses and death duties; (b) to give my property located at * Wyena Street, Rye to ANN; (c) to give $*,* to each of my grandchildren who shall survive me; (d) to divide my residuary estate into five equal parts and pay as follows: and one part to my daughter ANN; one part to by son PAUL; (ii i) one part to my daughter KATE SARAH JONES; and (iv) one part to my nephew MICHAEL JAMES JONES. if any child of mine predeceases me leaving a child or children who do, then I direct that such child or children as tenants in common in equal shares shall take absolutely the share in my estate that his her or their deceased parent would otherwise have taken pursuant to this my Will.

Here’s a summary of how Howard's estate will be distributed and any issues with the Will execution:

Issues with Will Execution:
- Ensure the Will was signed by Howard and witnessed by at least two people.
- Confirm no disputes or contestations from beneficiaries or other parties.

Distribution of Howard's Estate:
- Property at * Wyena Street, Rye: To Ann
- $*,* to each surviving grandchild: (* grandchildren x $*,* = $*,*)
- Residuary estate:
- Ann: */*
- Paul: */*
- Kate's share (*/*): Divided equally between her two children
- Michael James Jones: */*

Calculation:
- Total value of estate: $*,*,*
- Less estate expenses: $*,*
- Net estate: $*,*,*
Distribution:
- Ann: Property at * Wyena Street, Rye + */* of residuary estate
- Paul: */* of residuary estate
- Kate’s children: */* each of residuary estate
- Michael James Jones: */* of residuary estate
- Each grandchild: $*,*
Would you like to delve deeper into any specific aspect of the distribution or the Will's execution?

HOWARD DAVID JONES Signed by the said HOWARD DAVID JONES the testator as and for his last will and testament in the presence of us both being present at the same time who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses:- Print Name: Address:

Issues with Will Execution:
*. Ensure the Will was signed by Howard and witnessed by two people.
*. Confirm there are no disputes or contestations from beneficiaries or other parties.

Distribution of Howard's Estate:
- Ann: Property at * Wyena Street, Rye.
- Each Grandchild: $*,*.
- Residuary Estate (split into * equal parts):
- Ann: * part
- Paul: * part
- Kate's children: * part (split equally)
- Michael James Jones: * part
Is there anything specific you need further clarification on?

*. Trustee powers I give my trustees the following powers whether or not such powers are implied by law: To appropriate and apply any asset or income or any other part of my estate or of any fund arising from my estate that has not been specifically given under this my will without the consent of any beneficiary to any beneficiary in full or partial satisfaction of a legacy gift or share of residue or of a trust fund forthat beneficiary; (ii) To postpone the sale calling in or conversion of any asset of my estate for so long as my trustees in their absolute discretion deem fit; and (iii) During the minority of any beneficiary under this my will to apply the income and or such part or parts of the corpus of the share of such beneficiary under this my will as my trustees in their absolute discretion deem fit towards the maintenance education or support of such beneficiary. In witness whereof I have hereunto set my hand this day of

Hi there! Here is a brief summary based on Howard's Will and the provided information:

Issues with Will Execution:
- Ensure the Will was signed by Howard and witnessed by at least two people.
- Confirm there are no disputes or contestations from beneficiaries or other parties.

Distribution of Howard's Estate:
- House at * Smith Street, Essendon: $*,*,*
- Holiday house at * Wyena Street, Rye: Joint ownership with brother Richard, Howard's share worth $*,*
- Cash in the Bank: $*,*
- Household Chattels: $*,*
- Total Estate Value: $*,*,*
- Deductions: Estate Expenses and Legal Costs: $*,*
- Net Estate Value: $*,*,*

Beneficiaries and Distribution:
- Ann: Property at * Wyena Street, $*,* for each of her children, and one-fifth of the residuary estate.
- Paul: One-fifth of the residuary estate.
- Kate's Children: $*,* each, share of Kate’s portion of the residuaryHi there! Here's a summary based on Howard's Will and the information provided:

Issues with Will Execution:
- Ensure the Will was signed by Howard and witnessed by at least two people.
- Confirm there are no disputes or contestations from beneficiaries or other parties.

Beneficiaries and Distribution:
- Ann: Holiday house at * Wyena Street, $*,* to each of her children, and one-fifth of the residuary estate.
- Paul: One-fifth of the residuary estate.
- Kate's Children: $*,* each, share of Kate’s portion of the residuary estate

Will Execution And Distribution

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