Your estate plan is not a set-and-forget exercise. Even the most carefully prepared documents can become ineffective over time — through life changes, property transactions, relationship shifts, or simply the passage of years. Yet for most people, once a Will is signed and filed away, it is rarely looked at again.
If you cannot remember the last time you reviewed your estate planning documents, now is the right time. Below, we walk through the seven key documents that every Queensland estate plan should include, what to look for in each one, and why leaving them out of date can have serious consequences for the people you care about most.
Why Regular Reviews Matter
Estate planning documents reflect your life at a particular moment in time. A Will drafted before you bought your first home, had children, or entered a de facto relationship may no longer reflect your wishes or work as intended.
Under the Succession Act 1981 (Qld), marriage revokes an existing Will entirely — unless the Will was made in contemplation of that marriage. Divorce has a different effect: it does not revoke a Will, but it revokes any gift to a former spouse and removes them as executor, unless the Will expressly provides otherwise. Neither change is automatic in the way many people expect, and both can leave estates in unexpected disarray.
A review every two to three years — or after any major life event — is a practical minimum.
Document 1: Your Will
Your Will is the foundation of your estate plan. It records who receives your assets, who you appoint to administer your estate (your executor), and — if you have young children — who you nominate as their guardian.
When reviewing your Will, consider whether:
- All the people you have named are still alive, contactable, and willing to act.
- The gifts you have described still reflect what you own — for example, a specific gift of “my house at 10 Elm Street” may fail if that property has been sold (a concept known as ademption).
- Your executor is still the right person for the role.
- You have had children, stepchildren, or grandchildren since the Will was made.
- You have entered, ended, or re-entered a relationship.
- You have acquired or disposed of significant assets such as property, a business, or investments.
Using flexible language — for example, “my principal place of residence at the time of my death” rather than a specific street address — can help future-proof your Will against asset changes.
Document 2: Your Enduring Power of Attorney (Financial)
An Enduring Power of Attorney (EPOA) is a legal document that authorises someone you trust — your attorney — to make financial decisions on your behalf when you no longer have capacity to do so. Under the Powers of Attorney Act 1998 (Qld), only adults who are not bankrupt and who are not your paid carer may be appointed as your financial attorney.
Because an EPOA only takes effect when it matters most — when you cannot act for yourself — it is critical that the person named is still available, willing, and capable of fulfilling that role. Ask yourself:
- Is your appointed attorney still alive and in good health?
- Has your relationship with them changed significantly?
- Are they living in a situation that allows them to manage your financial affairs?
- Do they know where the document is?
If you cannot answer yes to all of these, it may be time to appoint a new attorney or add an alternative attorney. You can only make or change an EPOA while you still have capacity — once that capacity is lost, it is too late.
Document 3: Your Enduring Power of Attorney (Personal/Health)
An EPOA can also cover personal and health matters — including decisions about where you live, what medical treatment you receive, and who you have contact with during periods of incapacity. This aspect of an EPOA works alongside (and, in some cases, is superseded by) your Advance Health Directive.
The eligibility requirements for a personal and health attorney under the Powers of Attorney Act 1998 (Qld) are the same in key respects as for a financial attorney: they must be at least 18 years of age, and they must not be a beneficiary under your Will. The attorney must complete a certificate confirming that they witnessed you sign the document and that you appeared to have the capacity to make it, as required by section 44 of the Act.
Review this document at the same time as your financial EPOA to ensure the nominated person is still appropriate.
Document 4: Your Advance Health Directive
An Advance Health Directive (AHD) is a formal document in which you record specific instructions about the medical treatment you wish — or do not wish — to receive in particular future circumstances. Unlike a general EPOA, an AHD gives direct directions to health providers rather than delegating decision-making to a third party.
An AHD is particularly important for people who hold strong views about life-sustaining treatment, who have a chronic illness or progressive condition, or who have seen a family member experience difficult end-of-life decisions.
When reviewing your AHD, consider:
- Whether your views about specific treatments have changed.
- Whether a new diagnosis makes certain directions more or less relevant.
- Whether the medical scenarios you contemplated are still the most likely ones you may face.
- Whether the witness and capacity certificate requirements were properly completed when the document was originally executed.
Document 5: Superannuation Binding Death Benefit Nomination
Superannuation does not automatically form part of your estate — it sits outside your Will and is paid at the discretion of your superannuation fund’s trustee, unless you have made a valid binding death benefit nomination (BDBN).
A BDBN directs the trustee to pay your superannuation death benefit to a specific dependant or to your estate. Most BDBNs lapse after three years unless they are of the “non-lapsing” variety — and even non-lapsing nominations can become ineffective if the nominated beneficiary dies or their relationship status changes.
Review your BDBN whenever:
- Three years have passed since it was last signed and renewed.
- A nominated beneficiary has died.
- Your relationship status has changed (e.g. new partner, separation, marriage, divorce).
- The proportion you have allocated no longer reflects your intentions.
This is one of the most commonly overlooked documents in estate planning — and one of the most financially significant.
Document 6: Testamentary Trust Provisions
If your Will incorporates a testamentary trust — a trust that comes into existence on your death — it is important to check that the trust structure still suits your circumstances and intentions.
Testamentary trusts can provide genuine advantages, including asset protection for beneficiaries, tax flexibility for minor beneficiaries, and protection from the claims of creditors or future relationship breakdowns. However, the right trustee must be nominated, and the terms must still align with the beneficiaries’ needs.
If your children were minors when the trust was drafted and are now adults, or if the nominated trustee is no longer alive or appropriate, a review and update may be necessary. Poorly designed or outdated testamentary trusts can create more complexity than they resolve.
Document 7: Your Letter of Wishes
A letter of wishes (sometimes called a memorandum of wishes) is not a legally binding document — but it is a valuable complement to your Will and trust documents. It records your intentions and reasoning in a way that can guide your executor and trustees when they exercise their discretion.
Common examples include recording your preferences for the distribution of personal items, explaining why you have treated beneficiaries differently, setting out your hopes for how a testamentary trust should be administered, or expressing wishes about funeral arrangements.
Because a letter of wishes is not executed in the same formal way as a Will, it can be updated more easily as your circumstances change. Review it alongside your Will to ensure it still reflects your current intentions and does not contain outdated or contradictory instructions.
When to Trigger a Review
While a review every two to three years is a good baseline, the following events should prompt an immediate check of all your estate planning documents:
- Marriage, separation, or divorce.
- The birth, adoption, or death of a child or grandchild.
- The death or serious illness of an executor, attorney, or beneficiary.
- Purchasing, selling, or significantly restructuring property or business assets.
- Entering or exiting a significant business partnership or shareholder arrangement.
- Moving from one state to another (noting that estate planning laws vary across jurisdictions).
- A significant change in your superannuation fund, fund balance, or nominated beneficiaries.
Where to Keep Your Documents
Even a perfectly prepared set of estate planning documents is useless if no one can find them in an emergency. Store your original documents securely — and tell the people who need to know (your executor, your attorney, your next of kin) exactly where they are. Consider providing certified copies to your attorney, your financial institution, and your doctor where relevant.
A Final Word
Estate planning is an act of care — for yourself, and for the people you love. Keeping your documents current ensures that your wishes are carried out, that unnecessary disputes are avoided, and that your family is spared avoidable cost and distress at an already difficult time.
Our Wills and Estates Lawyers are here to help you review, update, or prepare a comprehensive estate plan. Contact us today on (07) 3482 6999 or at mail@biglaw.com.au.
