06/08/2025
Are you part of the 1 in 5 adult Queenslanders who do not have a Will or do not have a valid Will that meets legal requirements? Do you know what happens if you do not have a valid Will? Do you have an Enduring Power of Attorney? If not, then contact Ward Legal to see how we can assist.
Estate planning is important for all Adult Australians as research conducted by the Public Trustee of Queensland has found that only 1 in 5 adult Queenslanders pass away with a valid Will. A staggering portion of these adults are aged 18 to 25 years. It is time to bust the myth that making a Will is for the elderly.
In addition, many people who have a valid Will do not have an Enduring Power of Attorney.
If you don’t have a Will or if you don’t have a valid Will, then you are presumed to have died ‘intestate’ and then government legislation determines how your estate is distributed.
We come across many clients who do not think they need a Will because they are young, are not married, don't have kids and don't own property. You are only too young if you are under 18 years. Not only to gift your estate, but to appoint a signatory to complete any necessary documents because you are not here.
You may be surprised at the size of your estate which may include bank account/s, your car, motorcycle, boat, jetski, unpaid employee entitlements such as annual or long service leave, superannuation, unexpected insurance payouts, pets, personal effects like gaming gear, designer fashion or other collectables. You may also wish to include details about your funeral, organ donation or make a donation to a charity in your Will.
If you have children under 18 then appointing one or more people in your Will to act as the Testamentary Guardians of your child/ren is one of the most important decisions you can make.
There are many benefits to having a valid Will.
➡️ it will usually be more expensive for your beneficiaries to administer your estate if you don’t have a valid Will in place;
➡️ having a valid Will in place setting out your wishes can be of enormous comfort to your family and loved ones at a distressing time in their life.
➡️ If you don’t have a valid Will, the Public Trustee then becomes responsible for the administration of your estate (unless an eligible person is granted Letters of Administration by the Supreme Court which is a cost which could have been avoided if you had a valid Will in place). The Public Trustee will charge fees for administering the estate. You don’t have a say in how your estate is distributed as the Succession Act 1981 (Qld) will determine how your estate will be distributed if you don’t have a valid Will.
An Enduring Power of Attorney is different to your Will and is a separate document. Your Enduring Power of Attorney operates during your lifetime and your Will comes into effect once you have passed away.
Your Enduring Power of Attorney is a legal document where you appoint someone you trust to make decisions for you during your lifetime and can protect you in the event you become incapacitated to make financial and/or personal (including health) decisions on your behalf.
You should always choose your Attorney(s) carefully and appoint someone that you trust in your Enduring Power of Attorney.
This document becomes particularly important if you become incapacitated through accident or illness and are unable to make decisions for yourself.
In relation to financial matters, you can specify in the document when you wish the document to come into effect - for example, immediately or when you become incapable to make your own decisions or at a different time.
Your Attorney(s) power to make personal (health) decisions operates during those times when you do not have capacity to make those decisions yourself. You can limit the powers of your Attorney. You can set out in the document your Views, Wishes and Preferences that you wish your Attorney to know and consider when making decisions on your behalf.
Some reasons to have an Enduring Power of Attorney?
➡️if you have children. Generally, the parents of the child have legal authority to make decisions for their children. It is recommended that you have an Enduring Power of Attorney to make decisions on your behalf in the event that you are incapacitated. Such decisions could include the day to day care of your child, schooling, medical treatment and payment of expenses such as school fees, medical treatment, sporting activities etc.
➡️Do you want to appoint someone or people you trust to make certain decisions on medical treatment and health matters on your behalf when you do not have capacity to make decisions yourself?;
➡️Do you want to appoint someone or people you trust to be able to access your bank account to pay for your treatment or your other expenses if you do not have capacity to make decisions on your own behalf?;
➡️Are you leaving your place of residence to travel to another part of Australia or overseas? In your absence, are there documents that would need to be signed by you because for example you might be buying, selling or leasing property? Are there legal documents that you will need to be signed in your absence?. Do you want to have an Enduring Power of Attorney to authorise someone you trust to sign documents in your absence?;
➡️ Do you want to appoint someone or people you trust to make financial decisions on your behalf such as paying expenses?;
➡️If you have a business, what will happen if you become incapacitated? Will your business be able to carry on whilst you are incapacitated? Will your staff and other expenses be able to be paid? Consideration needs to be given to the legal structure of your business and what legal documents are in place and whether an Enduring Power of Attorney document is the correct legal document for your business.
The Enduring Power of Attorney document must be prepared using the prescribed form and must be correctly signed and witnessed by a qualified person in order for the document to be valid.
These are just some of the reasons to be considered. Please note that the above information is general advice based on Queensland law and you should seek legal advice as to your particular circumstances.
Contact us at Ward Legal to see how we can assist you with preparing your Will, Enduring Power of Attorney or Advance Health Directive.
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Ward Legal Qld is based at Alexandra Hills on the Redlands Coast, SE Queensland but practises throughout Queensland.
• Email: [email protected]
• Les Ward, Solicitor: 0424 839 273
• Kerry Ward, Solicitor/Accredited Specialist (Personal Injury) - Qld: 0481 819 273
• Phone: Tel: 07 3134 2796
Location: 220 Vienna Road (corner Redland Bay Road), Alexandra Hills.
