Writing a Will can sound overwhelming, but it doesn’t have to be complicated or time consuming. In Australia, anyone can prepare a Will if they are over 18-years old and deemed to be of sound mind.

For a Will to be valid it must be:

• Written down – you can’t rely on verbally passing on your wishes
• Signed and witnessed by two people who aren’t your heir or spouse.

Different States and Territories may have different rules, so it’s recommended that you check any relevant Government websites before you start to make your Will. You can choose to have a trusted professional such as a solicitor help you write your Will or you can write your own using a DIY Wills kits often found online.

To write your own Will you can:

• Speak to a solicitor or legal professional if you have any questions about how to write your Will
• Read example Wills available online to understand how to structure it and the appropriate language to use
• Download or purchase a DIY Wills kit
• Use an online Will service like our trusted partners Safewill or Willed
• Visit the Public Trustee site for you State or Territory to make sure that you understand the services available to you and what it means for life events such as marriage or divorce
• Be very specific in your instructions and careful to include as much detail as possible. This avoids the possibility of misinterpretation or your Will one day being deemed invalid (Oxfam can help you find someone to help you write your Will if clear communication is a concern for you)
• If you have a relative or business that is connected to you that you wish to exclude from your Will be very clear about this also
• File your Will somewhere safe but easily accessible for your loved ones if they need to access it at a later date. Leaving a copy with a solicitor or trusted professional is also a good idea
• Remember to update your Will every few years to reflect your circumstances

A Will gives you the power to choose how your assets can benefit your loved ones and adding a bequest to Oxfam ensures you leave a legacy that benefits people all around the world.

If you’ve already made a Will but have decided that you want to update it or make changes, you can:

• Add a codicil to your existing Will
• Choose to revoke the Will and write a new one
• Destroy your Will

A Codicil is just an addition that can be added to your Will, and is often all that’s required if you are only making a minor change to your Will. If it’s a large change, you’ll likely be required to write a new Will. To update your Will with a codicil you must:

• Identify the exact section in your Will that you wish to update and clearly record it with the new information you wish to include
• Use the same language in your Will as you do in your codicil
• Include a sentence that references your original Will by date
• After adding your new provisions, include a sentence indicating that the rest of the Will shall remain as it is
• Ensure that the codicil is signed, dated and kept in a safe place with the original Will

If you have any questions or are unsure on how to update your Will, seek the advice of a lawyer or professional.

Charitable bequests are simply a donation left in your Will to a charity of your choice. It can be the whole amount, a specific amount or percentage of your estate (see more about the types of bequests).

For many people who have lived a life of compassion, it is natural to wish to use a portion of the assets they leave behind to help improve the lives of others. Bequests are a popular way to provide support for generations to come.

A bequest is also a wonderful way to donate to your charity if you have not been able to during your lifetime. By choosing to leave Oxfam a bequest in your Will, your legacy will help fund the important work that goes into overcoming poverty, injustice and environmental destruction around the world.

There are many different bequests you can gift in your Will. The type of bequest you wish to leave is entirely up to you. Here are the different types:

• Residuary bequest (a provision in a will that donates the remaining portion of an estate to a charitable organisation after all debts, expenses, and specific bequests have been fulfilled.)
• Pecuniary bequest (a specific provision in a will that designates a specific sum or a fixed asset to be donated)
• Specific bequest (a provision in a will that designates a particular asset or fixed amount of money to be donated)
• Contingent bequest (a provision in a will that designates a gift to a certain beneficiary only if certain conditions or events occur, such as if other named beneficiaries predecease the testator.)
• Percentage of estate (a provision in a will that designates a specific percentage of the estate’s value or of a particular asset to be donated)
• Whole estate (a gift expressed that comprises your entire Estate and is usually left by those without family or other preferred beneficiaries, or those wanting to achieve something very significant with their gift.)

See our types of bequests page for more information > 

Including a gift in your will is easy. You can either include it as you create a will, or add a section after you create it (an amendment). From the wording of your Will to the types of gift you could choose to bequest, we’ll give you all the essential information. Simply scroll to the ‘how to leave a gift in your will section’ above for details. If you have any questions, give us a call on 1800 088 110 or send us an email: bequest@oxfam.org.au

Including a gift to Oxfam in your Will is an act of trust. That’s why it’s so important to us to respect your trust, by making sure your gift efficiently and cost-effectively goes where it will have the most impact.

When you leave a gift to Oxfam in your Will, we spend it where it is most needed, always striving to be transparent in our distribution. However, if you wish to support one area of work, such as girls’ education or clean water, get in touch with a member of our Bequests team below.

If you pass away without a Will, it’s known as intestacy. Although the rules around intestacy are different depending on which state or territory you live in, most commonly, an intestate estate is simply divided amongst any surviving spouses, de-factos and children. If there is no immediate family members to allocate to, more distant relatives will receive portions of your estate.

If there are no distant relatives or close friends, your Will is likely to be passed to your state or territory government under Succession Law. This means that without a Will you won’t have a say in who benefits from your legacy, which can lead to family disputes or your wealth being used in ways that don’t reflect the values you carried through life.

Are you helping a friend, family member or client include a gift for Oxfam in their Will? Helpful information for solicitors and executors can be found on our Legal help with a bequest page.

For solicitors making a Will

Thank you for helping to make a Will that includes a bequest to Oxfam Australia. Please refer to our suggested wording for different types of bequests and download our Wills Guide for further information. If your client would like their gift to be used for a specific purpose, please contact our Bequests Team to make sure that their wishes can be carried out. To thank your client in person for their generosity, we’d also like to invite them to connect with us and a community of other wonderful individuals who support us in this way. Please ask your client to contact us on 1800 088 110 or at bequest@oxfam.org.au for details of our upcoming community events.

For executors administering a Will

Thank you for making sure that a bequest to Oxfam Australia is properly administered. To finalise the process, please send us the following information:

• A cover note that includes your contact details, and the full name and last known address of the deceased person
• A copy of the final Will and any codicils
• A statement of estate accounts

Once the estate is ready to be distributed, we ask that you please post a cheque made payable to Oxfam Australia to: Gifts in Wills Coordinator Oxfam Australia Head Office 130–138 Leicester Street Carlton VIC 3053

Fantastic! We are so happy to hear. Here’s what to do next:

1. Decide on the type of bequest. See the types of bequests
2. Find a solicitor in your area if you need advice or write a will online with Safewill or Willed.
3. Ensure you use the recommended wording for your bequest: See our will wording page
4. Email or call to let us know or if you have any questions (details below). We’d love to hear of your bequest and say thank you!

A gift in your Will is an act of exceptional generosity – thank you. In return, we promise you that:

• We will use your gift wisely. Every dollar you give will be stretched as far as possible. We will spend your gift efficiently and cost-effectively so it has the most impact.
• We understand those closest to you come first in your Will.
• We will listen to you and answer your questions honestly and openly.
• We will never put you under any pressure to decide on the gift you include in your Will.
• We will treat your next of kin with respect and sensitivity.
• We will respect your privacy and look after your gift with sensitivity and care.
• You are under no obligation to tell us of your gift but if you do, we would love to thank you.
• If you have a particular wish for the use of your legacy, we will do our utmost to fulfil that wish.  But it is important to discuss your future gift with us to ensure your wish is practical to carry out.