Wills & Probate - Your Cascading Will

Managing your asset distribution

When making a Will, it is imperative that you understand the process of having your cascading Will and its beneficiaries. A cascading will considers other beneficiaries if your primary beneficiary is unable to inherit your estate. 

In your will you should specify the order in which the alternative beneficiaries will inherit. This requires estate planning so that you can achieve your intended outcome. You need to control the outcome as to who inherits.

Writing a cascading will can be complicated and requires some thought as to how you want your estate to be distributed. Proper planning is essential, and it is important to consult with an estate planning lawyer to make sure that your will is legally binding.

Advice on Wills from Expert Estate Planning Lawyers

Your Cascading Will

Proper planning pays off

Firstly, you can leave everything to each other – sole Executor/Executrix and sole beneficiary

If you BOTH die at the same time, then you should have nominated two alternate Executors/Executrices.

  • If you wish to leave any special gifts or cash legacies, then this must be stated in your Wills.

When you both die everything goes to your children in equal shares when they reach either 18 or 21 years (you choose)

  • Note that if your children are under the age of 18 years – who would you nominate as their guardian?

If a child dies before you, leaving children surviving (ie. your grandchildren) then the children of your deceased child take their share at the age 18 or 21 equally.

If no children or grandchildren survive you – then you should nominate alternate beneficiaries, including the consideration of a charity.

Expert Advice from our Legal Specialists

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