Wills and estates client intake checklist
Wills and estates matters require careful intake — capacity issues, blended families, and complex assets are common. This checklist runs through the standard preparation steps.
This is a 12-step intake checklist for taking instructions on a will or estate planning matter. It covers testator capacity, asset identification, beneficiary structures, and the standard preparation steps for AU practitioners.
The checklist
Verify testator identity
Confirm the testator's identity with photo ID. Verify any previous wills exist.
Assess testamentary capacity
Apply the Banks v Goodfellow test — understand the act of making a will, the property to be disposed of, and the moral claims on the estate.
Identify assets
Real property, superannuation, investments, businesses, personal effects. Note assets held in trust or jointly.
Identify liabilities
Mortgages, loans, debts, contingent liabilities. Identify which debts are paid by the estate.
Identify beneficiaries
Spouse, children, blended family members, charitable beneficiaries. Identify any potential family provision claims.
Discuss superannuation strategy
Superannuation may not form part of the estate. Discuss binding death benefit nominations and trustee discretion.
Discuss family provision risks
Identify any eligible persons for family provision claims and the strategy for minimising the risk.
Choose executors
Identify primary and substitute executors. Confirm willingness and capacity to act.
Discuss enduring power of attorney
Recommend an enduring power of attorney (financial and medical) as part of the estate planning package.
Discuss advance care directive
Recommend an advance care directive for end-of-life decisions where appropriate.
Take detailed instructions
Take written instructions covering specific gifts, residuary estate, and any unusual provisions.
Document the file note
Document a comprehensive file note covering capacity, instructions, and any concerns. Critical for any future challenge.
When this checklist applies
Use this checklist on every wills and estates intake. The capacity and family provision steps are particularly important for older or complex matters.
Common pitfalls
- Failing to document the capacity assessment
- Missing superannuation that does not form part of the estate
- Not identifying potential family provision claimants
- Inadequate file notes on the testator's instructions
- Forgetting to recommend the enduring power of attorney and advance care directive
Run this checklist on a real matter
Quillio drafts wills, enduring powers of attorney, and advance care directives in current AU format. See /practice-areas/family-lawyers or start a free trial.
This checklist is a general guide. Adapt for complex matters involving trusts, businesses, blended families, or international assets.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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