Estate Planning: Will, Enduring Power of Attorney and Advance Health Directive

Purpose of this Guide: Use this plan when a Queensland client wants to put their affairs in order by creating or updating a will, granting an enduring power of attorney (EPOA), or completing an advance health directive (AHD). This is a drafting and planning plan, not a dispute plan - it applies when a client with testamentary capacity wants to document their wishes legally before incapacity or death. Open it at the initial estate planning instructions appointment.

Jurisdiction: Queensland. A will executed in Queensland must comply with the Succession Act 1981 (QLD). An EPOA is made under the Powers of Attorney Act 1998 (QLD). An AHD is also governed by the Powers of Attorney Act 1998 (QLD) and is held by the principal and their treating doctor. Superannuation is a non-estate asset governed by the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) and the fund's trust deed.

The Process at a Glance: Take full instructions on the client's assets, family structure, existing documents, and wishes. Conduct a formal testamentary capacity assessment using the Banks v Goodfellow test and document it in the file. Identify complex issues including blended families, business interests, discretionary trusts, estranged family members, and superannuation. Identify all non-estate assets and prepare binding death benefit nominations (BDBNs) where required. Consider whether a testamentary trust structure is appropriate. Draft the will, EPOA, and AHD. Review all documents with the client in detail. Execute documents with strict witnessing compliance. Ensure the EPA is registered with the Queensland Titles Registry. Store originals in safe custody and send a reporting letter with a review program.