Securing Your Legacy and Autonomy: The Imperative of a Valid Will and EPOA in Australia

November 7, 2023 December 8th, 2023
will and power of attorney

Estate planning is a crucial step for safeguarding one’s future, and in Australia, this involves having a valid and up-to-date will, along with an Enduring Power of Attorney (EPOA). Over the years, MBC group services has witnessed firsthand the consequences faced by clients who did not have an EPOA in place, finding themselves compelled to endure the painful and often complex process of seeking guardianship through the Supreme Court.

Let’s break down the importance of both, especially what you might need to do if you are concerned that your details need updating or your parent’s details might need updating, especially in the sensitive area of an enduring power of attorney. 

The Importance of Having a Valid and Up-to-date Will:

A valid and current will grants you the power to direct the distribution of your assets, provides for the care and future of your family, and ensures that any life changes are accurately represented, thereby avoiding the complications that come with intestacy and ensuring your estate is settled according to your precise wishes.


  • Control Over Asset Distribution: A will allows you to control precisely who inherits your assets, whether family, friends, or charities. You can specify who gets what, ensuring your legacy is distributed according to your wishes rather than being decided by state laws​.
  • Caring for Your Family: Specifying guardians for minor children and providing instructions for distributing your assets will help protect your family’s future. It is an act of care that can significantly reduce the stress and potential conflicts arising during the grieving process​.
  • Reflecting Life Changes: Life events such as marriage, divorce, and children’s birth can alter your relationships and priorities. Your will should be updated to reflect these changes to ensure it always aligns with your current situation and intentions​.
  • Avoiding the Complications of Intestacy: If you die without a will, your estate will be subject to intestacy laws, which may not reflect your relationships or the needs of your dependents. A will circumvents this, preventing your estate from being distributed in a way you wouldn’t have wanted​​.

Benefits of Power of Attorney:

An Enduring Power of Attorney (EPOA) ensures the management of your financial and personal affairs by a trusted individual if you’re incapacitated, offers peace of mind amid life’s uncertainties, safeguards against legal and administrative delays, and prevents family disputes by providing clear directives for handling your affairs.

  • Ensuring Financial and Personal Affairs Management: An EPOA appoints a trusted person to manage your financial and personal affairs if you cannot do so. This could include paying bills, managing investments, making healthcare decisions, and ensuring your life’s work is protected and your health preferences are respected​​.
  • Providing Peace of Mind: The foresight of establishing an EPOA offers peace of mind to both you and your loved ones. Knowing that there is a plan in place for unexpected events can alleviate anxiety about the future​.
  • Safeguarding Against Life’s Uncertainties: An EPOA is a critical tool for preparing for life’s uncertainties. Whether due to sudden illness, injury, or incapacity, it ensures that your affairs remain in trusted hands without legal delays or unnecessary court interventions​​.
  • Preventing Family Disputes and Legal Challenges: By clearly designating who should manage your affairs, an EPOA can help prevent familial disputes and legal challenges that could arise when there is no apparent authority. This can be particularly important in times of crisis when decisions must be made swiftly​.

Are your details up to date?

To secure an Enduring Power of Attorney (EPOA) and update your will, you should take the following steps:

  • Consult a Legal Professional: Seek the advice of a solicitor or legal service specialising in wills and estates to ensure that all documents comply with Australian law and accurately reflect your wishes.
  • Choose Your Solicitor Wisely: Select a person you trust implicitly to act as your attorney. Discuss your values and wishes with them to ensure they understand and are willing to work on your behalf.
  • Include your Accountant in your discussions: An accountant can offer valuable insights into the financial implications of your decisions and help ensure that your estate plan is structured in a tax-effective manner. They can work alongside your legal advisor to provide a comprehensive approach to your estate planning, ensuring all financial and legal aspects are considered and aligned with your objectives.
  • Document Your Decisions: Clearly outline the scope of the power you grant in your EPOA and update your will with any new decisions or changes in your circumstances.
  • Legal Execution: Sign and have your documents witnessed as required by law to ensure they are legally binding.
  • Review Regularly: Regularly review and update these documents to reflect any changes in your life or personal circumstances, maintaining their relevance and accuracy.


By following these steps, you can secure your EPOA and ensure your will is up-to-date, providing peace of mind and protection for your future.

In crafting a comprehensive estate plan, combining a valid will and an EPOA provides a strategic approach to managing your legacy and well-being. These documents ensure that your wishes are honoured, and your family’s needs are met, even when you cannot advocate for yourself. It’s a thoughtful gesture that brings clarity and security to your estate planning. And don’t forget to include your accountant in your plans and discussions; we can provide valuable financial and tax insights that will aid your planning now and into the future.