Other · Wills, Estates, Probate & Succession
Will with optional testamentary discretionary trusts (NSW)
NSW will precedent leaving the estate to a spouse with a survivorship period, then to children outright or through optional testamentary discretionary trusts, with executor and trustee powers and NSW attestation clauses (in person or by audio visual link).
- Kind
- Other. A precedent that fits none of the other kinds.
- Where it applies
- New South Wales
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use as a first draft once signed instructions are on file for a will-maker domiciled in NSW with a spouse and children. Do not use without tax advice where testamentary trusts are chosen, or where there are business, trust or overseas assets needing specialist clauses.
How AI may be used
AI may assemble a first draft from signed instructions using this precedent, under close supervision. The lawyer checks every clause against the instructions, the beneficiary definitions, the tax outcome and the execution formalities before signing.
AI may
- Populate the precedent from the signed instruction sheet and list every gift, substitute and executor detail to confirm
- Check the draft for inconsistent names, gifts, residuary clauses and defined terms
- Produce a plain-language summary of the will for the client to read before signing
AI must not
- Must not add clauses, powers or beneficiaries not in the instructions
- Must not import law or terminology from another jurisdiction
- Must not decide whether testamentary trusts suit the client or advise on tax
The lawyer checks
- Each clause traced to the signed instructions
- Survivorship, substitution and the gift-over on failure of all beneficiaries
- Trust terms, tax advice and the perpetuity date
- Execution formalities and the attestation clause used
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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