Making a Bequest

MAKE AN IMPACT AND SUPPORT US BY LEAVING A LASTING LEGACY AS WE CONTINUE TO PROMOTE EQUITABLE ACCESS TO VOLUNTARY ASSISTED DYING IN WESTERN AUSTRALIA

In making provision for Dying with Dignity Western Australia (DWDWA) in your Will or in a Codicil (addition or supplement) to an existing Will, you will provide vital support to our organisation to continue its work in promoting and safeguarding the right to choose a peaceful death.

DWDWA was instrumental in the passing of voluntary assisted dying in WA – but our work is not done, as our Voluntary Assisted Dying Act needs improvements.

Your gift can help

  • to make VAD legislation the best it can be based on precedent in Australia and overseas;
  • to make VAD more accessible for those with dementia and other conditions leading to cognitive impairment;
  • to ensure that DWDWA remains financially viable and sustainable in the long term to work constructively with governments, health professionals, hospitals and palliative care providers collaboratively and effectively in all matters relating to VAD;
  • DWDWA to support all Western Australians seeking access to VAD to navigate through the legislative process;
  • us to continue to consult with medical and health practitioners, and other groups both within Western Australia and national.

YOUR BEQUEST

Any bequest, large or small, that you choose to make will contribute to DWDWA’s longevity.

A bequest can be a sum of money, a percentage of your estate or a specific asset.

Our President Steve Walker or member Dinny Laurence would be happy to talk to you or your solicitor any time, so please get in touch: Steve Ph: 0411431091 or Email:  [email protected] or Dinny Email: [email protected]

HOW TO LEAVE A GIFT IN YOUR WILL

Step 1

It is a good idea to let your family and loved ones know if you plan to leave a gift to DWDWA, so that this does not come as a surprise to them. This is not a legal requirement but a personal decision for you to make.

Step 2

Decide what kind of gift you will leave. There are three main ways to leave a gift in your Will to DWDWA:

A residual bequest: You can make a gift of all or any percentage of what remains in your estate once specific gifts and expenses have been taken care of. This is called the ‘residue’ or ‘remainder’.

A specified amount: You can make a specific bequest by simply stating the dollar amount in your Will that you wish to leave to DWDWA.

An asset: You may wish to make a gift of a specific asset, for example real estate, shares or bonds, or an item of particular value (eg a painting).

Step 3

Legal advice is recommended: Your Will is an important legal document, and a solicitor can help make sure the paperwork is in order and the Will is worded correctly and presented in the right way.

Step 4

Making your Will: Your Will must be in writing (handwritten, printed or typed) and must include certain specific wording. A Will that does not clearly communicate your intentions may lead to delays or disputes, so we recommend that you get legal advice to ensure your Will is valid.

Your signature must be witnessed by two people over the age of 18. You and the two witnesses must all sign every page of your Will, and the witnesses must provide their names, addresses and contact details on the execution page.

Strictly speaking, a beneficiary, or the spouse or de facto partner of a beneficiary, can be a witness to the signing of your Will. However, Legal Aid WA strongly recommends that beneficiaries and the spouse or de facto partner of a beneficiary should not witness a Will to avoid possible disputes about validity.

HOW TO AMEND AN EXISTING WILL TO INCLUDE DWDWA

If you have already written your Will, the easiest way to make a gift to DWDWA is to add a codicil, which is a short legal amendment or addition to your existing Will. This will enable you to leave a bequest to DWDWA should you wish to do so with or without making any other changes.

Law Depot provides free access to a simple guide to making a codicil, found here: https://www.lawdepot.com/searchzoom/?zoom_per_page=10&zoom_and=0&zoom_query=codicil

A Codicil must be signed by you and two other people who both sign as witnesses in your presence. The witnesses must have watched you sign the Codicil.

You and the witnesses should initial the bottom right-hand corner of each page of the codicil (except the last page which is signed by everyone). Generally, witnesses should NOT be individuals who will be receiving gifts in the Codicil or your Will.

If you are in any doubt about the making of a Will or Codicil you should consult a solicitor, who may require the following information:

Registered name: Dying with Dignity Western Australia Incorporated

Registered address: PO Box 7243, Cloisters Square, Perth WA 6850

ABN: 16 953 675 488