EXAMPLE OF A SIMPLE WILL INCORPORATING THE CREATION OF TRUSTS FOR MINOR CHILDREN
LAST WILL AND TESTAMENT OF ____________________
1. I, _____________________________________, hereby revoke all Wills and Codicils previously made
by me and declare this to be my Last Will and Testament.
2. It is my wish that my mortal remains shall be cremated.
3. I bequeath the residue of my estate to my children.
Should a child predecease me, the benefit that would have devolved upon such child shall devolve
upon such child’s descendants by representation or failing descendants, upon my remaining
children or their descendants by representation.
4. I appoint my brother ___________________ or, failing him my sister ____________________ ,
to be the guardian of my minor children and I direct that the said guardian shall not be required
to furnish security for acting in that capacity.
5. I direct that any of my furniture, household effects, personal effects and motor vehicles to
which a minor may become entitled under my Will, may be handed to such minor’s guardian at the
discretion of my executor for the period of the beneficiary’s minority. The receipt of the said
guardian, who shall not be required to furnish security in this regard, shall be sufficient
discharge to my executor.
6. I direct that should any beneficiary be under the age of 25 (twenty five) years, such
beneficiaries inheritance shall be held in trust by my trustees who shall use as much of the
income as they, in their discretion, may deem necessary for the maintenance, education, general
welfare and benefit of the beneficiary. Any surplus income shall be capitalised. I further
authorise my trustees to utilise the whole or part of the capital for the above purposes should
they, in their discretion, decide that the income is insufficient.
When the beneficiary attains the age of 25 (twenty five) years the trust shall terminate and the
capital, as it then exists, shall be paid to him or her.
Notwithstanding the above, I direct that my trustees shall have the power, in their absolute
discretion, to accelerate or postpone termination of this trust, either in whole or in part,
should circumstances warrant such an action.
7. I direct that my trustees shall; have full power, in their entire discretion to:
take over and retain any of my assets in the form of which they may be found at the time of my
death,
carry on such business,
realise any assets by such methods and at times as they see fit,
invest and reinvest funds in securities and investments (including the purchase of immovable
property), notwithstanding that such investments may be of a type not ordinarily regarded as
being trustee investments,
lend money, whether upon security or otherwise at interest or otherwise, to such persons and upon
such terms as my trustees, in their sole discretion, deem to be in the best interests of the
beneficiaries.
8. I direct that my heirs shall not be required to collate any donations made by me to them
during my lifetime.
9. I direct that the inheritance devolving upon any beneficiary under my Will as well as the
proceeds, the reinvestment of such proceeds and the income thereon shall be free from the legal
effects, including any accrual system, of any present or future marriage of such
beneficiary whether in or out of community of property.
10. I nominate _____XYZ TRUST______________ (herein referred to as ________) after and my brother,
___________________ to be the executors of my estate and trustees of any trust created
herein with power of assumption, and I direct; that neither ___________ nor my brother
__________________ nor any assumed executor/trustee shall be called upon to furnish security
for acting as such in either capacity;
that my executors shall have authority to carry on any business in which I may have an interest
and to let any property in my estate on such terms and conditions as may be acceptable to my
beneficiaries;
that my executors and trustees shall have authority, at the request of my beneficiaries, to
borrow money for any purpose connected with the liquidation or administration of my estate or
any trust and, to that end, may encumber any of the assets of my estate or of any trust.
SIGNED AT ________________________________ THIS _______ DAY OF _______, ________
in the presence of the undersigned witnesses, all being present at the same time and signing
in the presence of each other.
AS WITNESSES:
1. ________________________________
_______________________________________
2. ________________________________
