Free Checklist
Essential checklist for wills, powers of attorney, and estate planning documents every Queenslander needs to protect their legacy and loved ones.
Proper estate planning protects your family, ensures your wishes are respected, and prevents costly disputes after you’re gone. Use this comprehensive checklist to ensure you have all essential documents and protections in place.
Estate Planning Best Practices
- Print this checklist and review annually
- Update documents after major life events (marriage, birth, divorce, death)
- Store originals securely (fireproof safe or lawyer’s office)
- Tell your executor where documents are kept
- Use qualified solicitor — DIY wills often fail legal requirements
1 Last Will and Testament
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Prepare or update your will Make sure your will reflects your current wishes and circumstances.
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Name an executor Choose a trusted person to manage your estate after your death.
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List your beneficiaries Clearly identify who should receive your assets.
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Nominate guardians for children under 18 Appoint suitable guardians for minor children if required.
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Specify gifts and personal items Include jewellery, sentimental items, heirlooms or specific gifts.
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Review jointly owned assets Check how property and accounts are owned and how they may pass.
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Consider testamentary trusts Consider whether trusts may be useful for asset protection or tax planning.
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Appoint backup executors Nominate alternative executors if your first choice cannot act.
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Store original will safely Keep your signed will in a secure and accessible location.
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Tell someone where your will is stored Let your executor or trusted person know where to find it.
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Update after major life events Review your will after marriage, separation, children, property changes or death of a beneficiary.
2 Enduring Powers of Attorney
Financial Power of Attorney
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Appoint a financial attorney Choose someone trusted to manage financial and legal matters if needed.
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Decide when the authority begins Specify whether it starts immediately or only if you lose capacity.
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Appoint backup attorneys Nominate alternatives if your first attorney cannot act.
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Consider joint or separate appointments Decide whether attorneys must act together or can act independently.
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Set limits on decision-making Include any restrictions, instructions or conditions.
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Keep certified copies available Banks, lawyers or institutions may require certified copies.
Personal / Health Power of Attorney
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Appoint a medical decision-maker Choose someone to make health or lifestyle decisions if you cannot.
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Discuss your medical wishes Talk about treatment preferences, care arrangements and personal values.
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Appoint backup decision-makers Nominate alternatives if your first choice is unavailable.
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Include instructions about care Record preferences about accommodation, support and health decisions.
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Give copies to relevant people Provide copies to your attorney, doctor or trusted family members.
3 Superannuation & Insurance
Superannuation does not always automatically form part of your estate. Check your fund rules and beneficiary nominations.
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List all super funds Include fund names, member numbers and account details.
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Check beneficiary nominations Review who is currently nominated to receive your super.
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Make or update binding death nominations Ensure nominations are valid, current and correctly signed.
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Review life insurance policies Check life, TPD and income protection cover.
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Confirm policy beneficiaries Make sure insurance beneficiaries match your estate planning wishes.
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Keep policy documents together Store insurance and super documents with your estate planning records.
4 Liabilities & Debt Documentation
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Mortgage documents Home loans, investment loans and current loan balances.
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Personal loan agreements Details of personal loans, car loans or finance arrangements.
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Credit card debts List card providers, balances and payment details.
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Business loans Include business finance, overdrafts and guarantees.
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Tax debts or payment plans Record any ATO debts or repayment arrangements.
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Debts owed to you Record any loans, unpaid amounts or private arrangements owed to you.
5 Beneficiary Information
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Full legal names of beneficiaries Include correct spelling and relationship details.
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Contact details for beneficiaries Addresses, phone numbers and email addresses where available.
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Details of minor beneficiaries Record children or young beneficiaries who may need special arrangements.
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Special needs or vulnerable beneficiaries Consider whether extra protection or trust arrangements are required.
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Backup beneficiaries Name alternative beneficiaries if your first choice cannot receive a gift.
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Charity or organisation details Include legal charity names and contact details for any gifts.
6 When to Review & Update Your Estate Plan
Review your estate plan regularly and whenever your personal, family or financial circumstances change.
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Marriage or entering a new relationship Update your documents after major relationship changes.
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Separation or divorce Review your will, attorney documents and beneficiary nominations.
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Birth or adoption of children/grandchildren Consider guardianship, gifts and long-term protection for children.
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Death or incapacity of executor, attorney or beneficiary Update appointments and backup arrangements if circumstances change.
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Significant change in assets Review your plan after buying or selling property, business changes or inheritance.
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Moving interstate or overseas Check whether your documents remain suitable in your new location.
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Major health changes Review powers of attorney and medical decision-making documents.
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Every 2–3 years as routine review Check that your documents still reflect your wishes.
⚠️ Critical Estate Planning Warnings
🚫 NEVER Use DIY Will Kits
Post office and online will kits frequently fail legal requirements or contain ambiguous wording that causes expensive disputes. Common problems: incorrect witness signatures, unclear beneficiary descriptions, missing required clauses, contradictory provisions. A $300 will from a solicitor prevents a $50,000 probate dispute. Not worth the risk.
⚠️ Marriage REVOKES Your Will
Getting married automatically cancels any will you made before marriage (unless the will specifically contemplates that marriage). Many people don’t know this and assume their old will still applies. Make a new will immediately after marrying. Same applies if you remarry after divorce.
✅ Superannuation is Separate from Your Will
Super doesn’t automatically form part of your estate. Your super fund’s binding death benefit nomination controls who receives your super (not your will). If you want your spouse or children to receive your super, you MUST complete a binding nomination with your super fund separately. Review every 3 years (binding nominations can expire).
Update After Divorce — Don't Rely on Revocation Rules
Divorce revokes gifts to your ex-spouse and removes them as executor — but doesn’t revoke your entire will. The rest stays valid, which may not reflect your current wishes. Queensland’s partial revocation rules are complex. Don’t gamble — make a completely new will after separation or divorce.
Speak With A Family Lawyer Sunshine Coast
If you are looking for compassionate and practical family law guidance on the Sunshine Coast, Clear Path Family Law is here to help.
We understand that taking the first step can feel difficult, which is why we focus on creating a supportive and welcoming environment for every client.