What are the most important things to sort out before you die in Australia?
The essentials to sort out before you die in Australia are a valid will, clearly defined funeral wishes (or prepaid arrangements), an enduring power of attorney, an appointed medical decision-maker, and an advance care directive. Missing any of these adds avoidable stress and cost for your family.
Start with a valid will
A valid will is the foundation of any estate plan. It sets out how you want your assets distributed, who you want to manage your estate, and who should care for your children if they’re minors. Without a will, your estate is distributed according to the laws of intestacy, which may not reflect your wishes and can lead to family conflict.
Plan your funeral wishes and arrangements
Funeral decisions are made when people are grieving and vulnerable. By clarifying your funeral wishes and making arrangements in advance — whether it’s a traditional service, cremation, or something else entirely — you relieve your family of having to make these decisions during an emotionally difficult time. You might also consider a prepaid funeral plan to protect your family from unexpected costs.
Prepare an enduring power of attorney
An enduring power of attorney allows you to appoint someone to manage your finances if you lose capacity through illness or age. This is crucial because without it, your family may need to apply to a tribunal for someone to be formally appointed — a costly and time-consuming process. The key is establishing this document before you lose capacity; it cannot be created after.
Set up a medical power of attorney and advance care directive
You can also appoint someone to make medical and healthcare decisions on your behalf. The specific document name and powers vary by state, but generally you’re expressing your wishes about medical treatment as you approach end of life. This relieves your family of having to make these difficult decisions under uncertainty.
Consider guardianship for minor children
If you have children under 18, specify in your will who you want to be their guardian. Court disputes over child custody are emotionally draining and expensive. Your written wishes carry significant weight in any court decision about your children’s care.
Why this matters
Taking these steps now — whilst you have capacity and clarity — prevents your family from facing additional stress, legal complications, and costs later. Willed can help you prepare all these essential documents, ensuring your wishes are legally sound and your family is protected.
Read the video transcript
The essentials to have in place before you pass away is a valid will. Also, it is of assistance to have clearly defined funeral wishes and funeral arrangements put in place to relieve your family of having to make those decisions when they are experiencing grief. Similarly, in considering end of life, it is also important to consider having an enduring power of attorney, particularly if you lack capacity to manage your finances in the days, weeks, months, or years prior to your passing, and having someone appointed to make medical treatment decisions under the laws of the relevant state of Australia that you reside in, and to have an advance care directive or similar that expresses your wishes as to the decisions that you wish to be made as you approach end of life. Missing one or more of these steps may add additional stress and cost to your family.
Need a hand?
Willed’s team helps Australians with this every day.
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