Frequently Asked Questions

Wills & Enduring Power of Attorney (EPOA)

Understand your legal rights, obligations, and how to plan for the future.

❓What happens if I die without a Will ?

If you pass away without a Will, your assets will be distributed based on a standard legal formula. This means your estate could be divided in a way that doesn't reflect your personal wishes, and people you intended to provide for may miss out. It can also lead to delays, family disputes, and higher legal costs for your loved ones.

❓ When should I make or update my Will?

You can make a Will as soon as you're 18 years old and have decision-making capacity. It's especially important to have one if you:

• Own assets or property

• Get married or enter a de facto relationship

• Have children or other dependents

• Start or grow a business

Once created, your Will should be reviewed every 3–5 years, or when life changes, such as:

• Marriage, separation, or divorce

• Birth or adoption of children

• A beneficiary or executor passes away

• Major changes in your finances or assets

• Moving interstate or overseas

✅ Keeping your Will up to date ensures it reflects your current circumstances and wishes.

❓ What’s the difference between a Will and EPOA?

A Will takes effect after death — it outlines who inherits your estate.

An EPOA is used while you're alive, in case you lose the capacity to manage your affairs due to illness, accident, or age.

✅ Everyone should have both.

❓ Do I need a lawyer to make a Will or EPOA?

Yes — especially if you have complex assets, family dynamics, or want legal protection. Poorly drafted Wills and EPOAs can:

• Be invalid

• Be misused by someone in a position of power

• Lead to court disputes and delays

✅ A lawyer ensures your documents are clear, enforceable, and safe from abuse.

❓ Can I leave someone out of my Will?

You can, but be careful. Spouses, children, and dependents can challenge a Will if they feel left out.

✅ If you plan to exclude someone, get legal advice and make sure your reasoning is clearly documented.

❓ What happens if I lose capacity without EPOA?

If you become incapacitated (even temporarily), and don’t have an EPOA, your family may have to:

• Apply to VCAT to manage your affairs

• Wait weeks/months for decisions

• Endure stress and legal costs

✅ Having an EPOA saves your family time, money, and heartache.

❓ Can I change my Will or EPOA later?

Yes, you can revoke or update both documents at any time, as long as you have capacity.

✅ Tip: Always destroy older copies and inform your executor or attorney about the update.