Basic Estate Planning: Wills, Power of Attorney and More

Quick Look

Focus – How to protect your wishes, family, and finances with simple estate planning tools

Key Takeaways:

  • A valid Will ensures your assets are distributed the way you intend
  • An Enduring Power of Attorney lets someone you trust manage your affairs if you can’t
  • Dying without a plan can cause stress, legal delays, and unexpected outcomes
  • Reading Time: ≈ 6 minutes

Introduction

Estate planning isn’t just for the wealthy or elderly. It’s for anyone who wants to protect the people and things that matter to them.

Whether you own a home, have kids, or simply want your affairs in order, having a basic estate plan — including a will and power of attorney — is one of the most practical gifts you can leave behind. It’s not about morbid “what ifs” — it’s about peace of mind.

Context & Problem

More than half of Australians don’t have a valid will (Money Smart, 2024). Many assume they’re too young, don’t own enough, or think it’s all sorted by default.

But without clear instructions, your estate may not go to the people you expect. Loved ones could face long delays, costly court processes, or even family disputes. And if you lose mental capacity due to illness or injury, not having someone legally authorised to act for you can create unnecessary stress and confusion.

A basic estate plan avoids these headaches — and gives you control.

Strategy & How To

1. What Is a Will and Why Does It Matter?

A will is a legal document that sets out:

  • Who gets your assets (property, super, savings, personal items)

  • Who will look after your children (guardianship)

  • Who will manage your estate (the executor)

Without a will, state intestacy laws decide who inherits — and it may not be who you’d expect. For example, de facto partners may need to prove the relationship, and stepchildren may not automatically be included.

A valid will must be:

  • In writing

  • Signed and dated

  • Witnessed by two adults (not beneficiaries)

Tip: Review your will after major life events — marriage, divorce, children, property changes.

2. What’s an Enduring Power of Attorney (POA)?

This lets someone you trust make legal and financial decisions on your behalf if you become incapacitated.

  • Enduring POA remains valid if you lose capacity (unlike a general POA)

  • You can choose when it starts — immediately or only when capacity is lost

  • Covers decisions like managing bank accounts, paying bills, or selling property

You can also appoint a medical decision-maker (this may be a separate form, depending on your state or territory).

Choose carefully: Your attorney should be someone responsible, available, and trustworthy — ideally not much older than you.

3. What About Superannuation and Insurance?

Super and life insurance usually don’t form part of your will unless you’ve made a binding nomination with your fund.

  • Binding death benefit nomination tells your super fund who should receive your super payout

  • Must be updated every 3 years (unless non-lapsing) and signed/witnessed properly

Without one, the fund’s trustee decides — and it could delay payments or go to unintended recipients.

4. Avoid These Common Mistakes

  • DIY wills without legal review: Can be invalid or unclear

  • No enduring POA: Leaves loved ones powerless if you can’t act for yourself

  • Outdated beneficiaries: Ex-partners may still be listed on super or life insurance

  • Assuming everything passes via the will: Super, jointly-owned property, and trusts may not

Tip: Keep everything together — will, POA documents, super nominations, and a list of assets — in a safe but accessible place. Let someone know where it is.

Common Questions & Misconceptions

Do I need a Will if I don ’ t own much?
  • Yes. Even if it’s just savings, super or a car—a Will avoids confusion. You can also appoint Guardians or leave instructions for personal items.
  • Not legally—unless you’ve appointed them as your Enduring POA. Without it, decisions may be delayed or require court approval.
  • Not automatically. You must complete a binding nomination with your super fund to direct who gets your super.
  • That’s called a “holographic Will”—and while it might be accepted, it’s risky. Formal Wills reduce the chance of disputes and are easier to process.
  • Every3–5years, or whenever your life circumstances change (new partner, kids, home, or separation).

     

Conclusion

Estate planning isn’t just about money — it’s about protecting your wishes and the people you care about. And getting the basics right is easier (and cheaper) than most people think.

Whether it’s a simple will, a power of attorney, or updating your super nominations, the earlier you sort it out, the more secure and in control you’ll feel — no matter what life throws at you.

Strategy & How To

Avoid lifestyle creep

Just because you earn more doesn’t mean you should spend more. True wealth is often invisible — it’s the money you don’t spend.

Get rich slowly

Compounding takes time, so patience pays off. Warren Buffett earned over 90% of his wealth after age 60. It’s not about finding the best investment, but staying invested the longest.

Save like a pessimist, invest like an optimist

Be cautious with your spending, but trust that over time, markets grow, and opportunities emerge.

Respect the role of luck

Not all success is due to skill. Likewise, not all failure is due to mistakes. Be humble and avoid copying others blindly.

Stick to a plan you can live with

The best financial strategy is one you can actually follow during good times and bad.

Avoid extremes

Don’t aim to beat the market. Aim to stay in the game.

 

Review & Fact Check

1. Fact References
    • Wills, enduring power of attorney and estate law–Money Smart (moneysmart.gov.au),state public trustees
    • Superannuation nominations and binding rules–Australian Taxation Office(ato.gov.au)
    • Rates of Australians without wills–Money Smart 2024 estimate
  • Case study of Ella and Tom is illustrative, based on common solicitor practices
  • Typical will costs vary based on complexity and location
  • Super nomination rules and estate laws are subject to change, particularly with legislative updates after 1 July 2025
  • This article is neutral, non-promotional, and intended for general education. It does not recommend specific legal services or templates