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TRANSFORMING LIVES YOUR BEQUEST WILL MAKE A REAL DIFFERENCE TO THE SUPPORT AND SERVICES OF ALZHEIMER’S AUSTRALIA SA ALZHEIMER’S AUSTRALIA SA GUIDE TO WILLS AND BEQUESTS

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Page 1: TRANSFORMING LIVES · A Power of Attorney is a legal document that allows a person to act on your behalf in case something happens to you. An Enduring Power of Attorney enables someone

TRANSFORMING LIVES

YOUR BEQUEST WILL MAKE A REAL DIFFERENCE TO THE SUPPORT AND SERVICES OF ALZHEIMER’S AUSTRALIA SAALZHEIMER’S AUSTRALIA SA GUIDE TO WILLS AND BEQUESTS

Page 2: TRANSFORMING LIVES · A Power of Attorney is a legal document that allows a person to act on your behalf in case something happens to you. An Enduring Power of Attorney enables someone

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CONTENTSCONTENTS1. HOW TO USE THIS BOOKLET 4

2. LEAVING A BEQUEST TO ALZHEIMER'S AUSTRALIA SA 5

3. WILL CHECKLIST 10

A. Personal Details 11 B. Appointing of Executors,

Trustees & Guardians 14

C. Specific Gifts 14

D. Residuary Estate 15

E. Powers of Attorney 15

4. MAKE A BEQUEST 16

5. CONTACT 18

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HOW TO USE THIS BOOKLET TO MAKE OR CHANGE A WILLThis booklet is designed to offer practical information covering issues that need to be considered when making a Will and/or bequest.

Most of us are familiar with the reasons why we need to have a valid Will, but approximately 50% of Australians just never get around to it.

IF YOU CURRENTLY DO NOT HAVE A WILLAlzheimer’s Australia SA Inc has included a Will checklist in this booklet. This checklist has been designed to aid solicitors in preparing your Will. Not all questions will be applicable to you, but it will be a handy reference when visiting your solicitor.

When it comes to making a Will, you owe it to yourself and those you love to ensure:

• It is precisely worded and accurately reflects your wishes;

• Administration will be professionally carried out; and

• All aspects of your assets, and all persons for whom you should provide, are carefully considered.

HOW YOUR WILL CAN HELP OTHERSFor some people giving through their estate will be the only time they are able to give a significant gift to an organisation they respect and wish to support.

A BEQUEST TO ALZHEIMER’S AUSTRALIA SAMaking a gift to Alzheimer’s Australia SA is a meaningful way to give back to your community.

Every bequest, no matter how large or small, makes a real difference to the support and services that Alzheimer’s Australia SA provides to people with dementia, their carers and families.

A BEQUEST CLAUSE IN YOUR WILL TO ALZHEIMER’S AUSTRALIA SA COULD INCLUDE:Residual Bequest

Once you have decided that all family members and beneficiaries have been provided for in your Will, a residual bequest will ensure the remainder of your estate is distributed to Alzheimer’s Australia SA.

As your estate increases in value, so does your bequest. You won’t need to make your Will to compensate, for example, the effects of inflation.

Property, Shares, Insurance

Alzheimer’s Australia SA is able to accept all forms of property and shares and can be the sole beneficiary of a life insurance policy.

HOW TO USE THIS BOOKLET

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“ Leaving a legacy to Alzheimer’s Australia SA in a will gives us a peace of mind that our little bit provides others with help and support”

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LEAVING A BEQUEST TO ALZHEIMER’S AUSTRALIA SA

“ I realised we didn’t have a will so we made one and I made sure that we included Alzheimer’s Australia SA from the start.”

YOU MAY ALSO CHOOSE TO LEAVE A SPECIFIC ITEM SUCH AS A PAINTING, BOOKS OR A VALUABLE PIECE OF FURNITURE.

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GIVING

TRANSFORMING LIVES

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CONTINGENCY BEQUESTEstablishing a trust in your Will allows a spouse or other person to use your property and to receive all of the income derived from your estate during their lifetime. When they die, the capital interest can then be passed on to Alzheimer’s Australia SA.

WHOLE ESTATE BEQUESTThis refers to a bequest of your whole estate to Alzheimer’s Australia SA. A person may request to leave a lasting legacy and know it will achieve a significant lasting impact to others.

LIFE CHARITABLE BEQUESTA life charitable bequest is a gift traditionally made through a Will that enables you to make a significant contribution to the services of Alzheimer’s Australia SA. Today, charitable bequests can also be made through a living trust or a beneficiary designation on a financial account.

You can be a philanthropist, plus it costs you nothing today because you retain full control of your assets during life.

How It WorksYou could create a named endowment fund at Alzheimer’s Australia SA to honour your family or others that will provide annual funding for Alzheimer’s Australia SA.

Named endowment funds, established either during life or through a charitable bequest, require a gift of $25,000 or more. Your gift is invested for long-term growth, and only the income is used annually, enabling your gift and your values to endure for generations.

Make your bequest unrestricted, indicate a specific amount, or nominate a percentage of the balance remaining in your estate or trust.

Benefits• Your assets remain in your control during

your lifetime

• You can modify your bequest to address changing circumstances

• You may reduce or avoid potential estate taxes through your request

PERCENTAGE OF FRACTIONAL BEQUESTThis is expressed either as a percentage or fraction of your estate.

GIVING

LEAVING A BEQUEST TO ALZHEIMER’S AUSTRALIA SA2

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LEAVING A BEQUEST TO ALZHEIMER’S AUSTRALIA SA2

WORDING YOUR BEQUESTSWhere possible, bequests to Alzheimer’s Australia SA should be for general purposes so that your gift will be utilised to carry on the wonderful work of the organisation. We request that you use the following wording in your Will if you decide to make a bequest to Alzheimer’s Australia SA.

It is important that you clearly identify the intended beneficiary in the wording of your bequest.

“I ……………………………………………… give Alzheimer’s Australia SA, for its general purposes, free of all duties, the following:

Sum of $ ……………………; or

Property, real estate, shares etc ………………………………………; or

………………% of my estate; or

The residue of whole estate; or

Other.

for which an authorised receipt from Alzheimer’s Australia SA will be a sufficient discharge for the Executor.”

“We knew how important it was to make out a will and let our family know how we wanted to distribute our assets"

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SOME USEFUL TERMSA Bequest is the term for any money or personal property that you leave to another in your Will.

An Executor is someone (or legal entity) you appoint to administer your Will after your death and ensures that your instructions are carried out.

A Guardian is the person legally responsible for children under 18 who have lost their parents. If a child receives a portion of your estate a trust must be established until they turn 18.

A Power of Attorney is a legal document that allows a person to act on your behalf in case something happens to you. An Enduring Power of Attorney enables someone to make financial decisions for you when you are unable to do so yourself. This power ends at either your death or bankruptcy.

A Will is the legally enforceable document that sets out how you wish your estate to be divided upon your death.

ISSUES YOU WILL NEED TO CONSIDER WHEN MAKING OR CHANGING A WILLYou need to decide on the Beneficiaries of your estate. In the vast majority of cases, family and friends will come before charities and other community organisations you support.

It is a good idea to review your Will every few years, but it definitely needs updating if your family or relationship situation experiences significant change (eg. marriage/divorce/death/birth).

Both partners in a marriage should always have a Will.

WHAT HAPPENS IF YOU DIE WITHOUT A WILL?If you pass away without a Will you are said to have died intestate and your assets will be distributed arbitrarily under the Administration and Probate Act that applies in your state/territory.

LEAVING A BEQUEST TO ALZHEIMER’S AUSTRALIA SA2

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WE HAVE DESIGNED THIS CHECKLIST TO ASSIST SOLICITORS IN PREPARING YOUR WILL. PLEASE COMPLETE THE CHECKLIST AND TAKE IT WITH YOU WHEN VISITING YOUR SOLICITOR. NOT ALL QUESTIONS WILL BE RELEVANT TO YOU.

PREPARED

WILL CHECKLIST

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(Person 1)

Title: _________First Name: ______________________________________________________________________

Surname: ______________________________________________________________________________________

(Person 2)

Title: _________First Name: ______________________________________________________________________

Surname: ______________________________________________________________________________________

Residential Address: ____________________________________________________________________________

__________________________________________________________________________ ______________________

Suburb: _____________________________________________________________ Postcode: _______________

Daytime Telephone: _______________________________________________ tick if preferred contact

Email: ____________________________________________________________ tick if preferred contact

Occupation: (Person 1) _________________________________(Person 2) _____________________________

Date of Birth: (Person 1) _________________________________(Person 2) _____________________________

Marital Status: Married De Facto Single Widowed Divorced Separated

Date of Marriage: ______________________________________________________________

Previous Wills: No Yes

If YES, where is your Will kept? __________________________________________________________________

PART A – PERSONAL DETAILS

WILL CHECKLIST3

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Immediate family (list children, partners etc, even if you have no contact with them)Family Member Address Relationship

1) _______________________________________________________________________________

2) _______________________________________________________________________________

3) _______________________________________________________________________________

4) _______________________________________________________________________________

Assets:House & Real Estate (address) Owned solely or jointly Estimated $ value

__________________________________________________________________________ __________________

____________________________________________________________________________________________

Bank Accounts (Bank/Branch) Owned solely or jointly Estimated $ value

__________________________________________________________________________ __________________

__________________________________________________________________________ __________________

Car (Make & Model) Registered in whose name Estimated $ value

__________________________________________________________________________ __________________

__________________________________________________________________________ __________________

Shares/Debenture Registered in whose name Estimated $ value

__________________________________________________________________________ __________________

__________________________________________________________________________ __________________

Jewellery Item Estimated $ value

__________________________________________________________________________ __________________

__________________________________________________________________________ __________________

Insurance Policies

Company: _____________________________________ Policy Number: _______________________________

Beneficiary Nominated: ______________________________________________________________________

PART A – PERSONAL DETAILS continued

WILL CHECKLIST3

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PART A – PERSONAL DETAILS continued

Superannuation: (if self - managed, please provide a copy of the Trust Deed)

Company: ______________________________ Policy number:_____________

Beneficiary nominated: ____________________________________________

Own Business/Partnership Business Name: ________________________________

Date of Partnership Agreement (where relevant): _______Estimated $ value:___________

Private Company:Company name: ________________________ Estimated $ value: __________

Shareholder names: ________________________Directors: ____________

Family Trust: (please provide a copy of the Trust Deed)

Name of Trust: ________________________________________________

Name of Trustee: ______________________________________

Overseas assets: No Yes (If yes provide details)

_______________________________________________________________________________________________

Loans to Family/Others (to be brought into account for distribution purposes) No Yes

To whom: ____________________________ $ _______________________

To whom: ____________________________ $ _______________________

Liabilities

Estimated total: $ ______________________

Have you signed any personal guarantees? No Yes

Name and Address of your Accountant:______________________________________________________

Suburb : _____________________________Postcode:__________________

Name and Address of your Financial Planner:_________________________________________________

Suburb : _____________________________Postcode:__________________

WILL CHECKLIST3

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Do you want your spouse to be the Executor and Trustee of your estate? No Yes

If not, then who? (Please provide full name, address, phone number, occupation and relationship to you, for example, son or daughter)

__________________________________________________________________________________________

__________________________________________________________________________________________

If both you and your spouse die before all your children attain the age of 18 years, do you wish to

appoint a Guardian? No Yes

If yes, who? _______________________________________________________________________________

PART C – SPECIFIC GIFTS

1. Do you wish to make any specific gifts of property or money? No Yes

2. Is the gift to be made even if your spouse is still alive? No Yes

3. Is the item of property subject to a mortgage or charge? No Yes

Please give the full name, address and particulars of gift for each beneficiary:

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Do you wish to make a gift to Alzheimer’s Australia SA or any other charitable organisation?

No Yes

PART B – APPOINTMENT OF EXECUTORS/ TRUSTEES AND GUARDIANS

WILL CHECKLIST3

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Do you want to make Powers of Attorney giving somebody the ability to make financial, medical or

lifestyle decisions on your behalf? No Yes

Please talk to your legal advisor.

__________________________________________________________________________________________

_________________________________________________________________________________________

Any other questions you wish to ask?

____________________________________________

____________________________________________

____________________________________________

____________________________________________

____________________________________________

____________________________________________

____________________________________________

____________________________________________

____________________________________________

PART B – APPOINTMENT OF EXECUTORS/ TRUSTEES AND GUARDIANS

PART E – POWERS OF ATTORNEY

WILL CHECKLIST3PART D – RESIDUARY ESTATE(i.e. the balance of your estate after distribution of any specific gifts (see above), payment of all testamentary expenses, for example, funeral expenses, executor’s commission, duties, et cetera). Please consider using percentages when allocating distribution.

Do you wish to distribute your estate:

a) To your spouse if they survive you by 30 days? No Yes

b) To your children equally if your spouse dies before you? No Yes

c) To Alzheimer’s Australia SA? No Yes

d) Other (please specify) No Yes

What if a beneficiary dies before you? Who should the gift go to instead?

__________________________________________________________________________________________

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YES I WOULD LIKE TO MAKE A BEQUEST TO ALZHEIMER'S AUSTRALIA SA

APPRECIATION

MAKE A BEQUEST

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By letting us know that you would like to leave a bequest to Alzheimer's Australia SA, it will assist us to plan for the future.

All information will be treated in complete confidence and does not bind you to your bequest should you change your mind.

I have remembered Alzheimer's Australia SA in my will for the general purposes of AASA.

I would like to know more about leaving a bequest to Alzheimer's Australia SA.

I am considering making a bequest and would like more information.

I would like to become a member of Alzheimer's Australia SA.

Title: _________First Name: _______________________________________________________________________

Surname: _______________________________________________________________________________________

Residential Address: _____________________________________________________________________________

__________________________________________________________________________ ______________________

Suburb: _____________________________________________________________ Postcode: ________________

Daytime Telephone: ________________________________________________________________________

Email: ____________________________________________________________________________________

Please advise the day and time when it would be best for us to contact you.

Day:_______________________________ Time: ___________________________ Ph: _______________________

Please return this page by mailing to:

Bequests Administration Officer

Alzheimer's Australia SA Inc

27 Conyngham Street

Glenside SA 5065

or fax to: (08) 8338 3390

MAKE A BEQUEST4

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COMMUNICATE

CONTACT DETAILS

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ALZHEIMER'S AUSTRALIA SA INC ABN 36 236 331 877

27 CONYNGHAM STREET GLENSIDE SA 5065

TEL: (08) 8372 2100 FAX: (08) 8338 3390 EMAIL: [email protected] www.alzheimers.org.au (click on SA)

CONTACT DETAILS5

THE ROSEMARY FOUNDATION FOR MEMORY SUPPORT INC IS THE CAPITAL FUND OF ALZHEIMER’S AUSTRALIA SA INCYour bequest will make a difference now and in the future to:· Improve and expand existing services· Initiate new service delivery models· Research scholarships The Jack Loader Research Scholarships are to encourage post graduate research into dementia, in particular Alzheimer’s disease and related disorders.This scholarship enables a suitable qualified graduate to carry out a program of study leading to a research higher degree of the South Australian Universities.

HELPING

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