Articles

Planning for the future isn’t always comfortable, but it’s one of the most important steps you can take to protect the people you care about. Two documents every adult in Queensland should have — regardless of age, health, or wealth — are a Will and an Enduring Power of Attorney (EPOA).

These documents provide certainty, prevent disputes, and ensure your personal, financial, and medical decisions are handled the way you intend.

Why Having a Will Matters

A Will is a legally binding document that sets out how your assets will be distributed when you pass away. Without one, Queensland’s intestacy laws decide who receives your estate — often resulting in outcomes you never would have chosen.

Having a Will allows you to:

✔ Choose who inherits your assets

Without a Will, your estate may be divided according to a strict formula, which may exclude loved ones or distribute assets in ways that complicate your family’s circumstances.

✔ Appoint a trusted executor

Your executor manages your estate, pays debts, collects assets and distributes them. A Will allows you to choose someone reliable and capable.

✔ Protect young children

Parents can nominate guardians and set up trusts to ensure children are cared for and supported financially.

✔ Avoid family conflict

Clear instructions minimise the risk of disputes, delays, or costly litigation.

✔ Keep your affairs organised

A well-drafted Will streamlines the estate process and reduces stress for your family at an already difficult time.

Why an Enduring Power of Attorney Is Essential

An Enduring Power of Attorney allows you to appoint someone you trust to make financial, personal, and health decisions on your behalf if you lose capacity due to illness, accident, or age-related decline.

This document is essential because decision-making capacity can be lost unexpectedly, and without an EPOA, your family may need to apply to QCAT for authority — a slow and expensive process.

An EPOA allows you to:

✔ Choose who makes decisions for you

You control who steps in to manage your finances, health care, and personal matters — not a tribunal or government agency.

✔ Avoid delays in accessing funds or managing bills

Your attorney can take immediate action to pay expenses, manage investments, or run a business.

✔ Ensure your health care preferences are respected

Your attorney can make decisions consistent with your values and wishes.

✔ Protect your family from stress and uncertainty

Clear authority prevents disagreements and provides guidance during difficult situations.

Why These Documents Should Be Reviewed Regularly

Life changes — relationships evolve, assets grow, and circumstances shift. Your Will and EPOA should be reviewed when major changes occur, including:

• Marriage or separation
• Purchasing or selling property
• Starting a business
• Having children or grandchildren
• Passing of a family member or executor
• Significant changes in your health

Regular updates ensure your documents remain accurate, enforceable, and aligned with your current wishes.

How Bressington & Partners Can Assist

At Bressington & Partners, we prepare clear, comprehensive Wills and Enduring Powers of Attorney tailored to your personal and financial circumstances. Our lawyers ensure your documents comply with Queensland law and reflect your intentions with precision.

We help you:

• Understand your options for distributing your estate
• Appoint appropriate executors, trustees, guardians, and attorneys
• Structure your estate to minimise complications and protect vulnerable beneficiaries
• Plan for medical, lifestyle, and financial decision-making
• Ensure your documents are properly signed, witnessed, and securely stored

Our approach is practical, compassionate, and grounded in decades of serving Central Queensland families.

Back to Articles