Guardians

Do I need an Enduring Power of Attorney?

Mia Elsing • Aug 15, 2025

When planning for the future, most people are familiar with the benefits of preparing a Will, however, it is also important to consider the benefits of preparing an Enduring Power of Attorney. Preparing an Enduring Power of Attorney allows you to appoint another person, refer to as an attorney, to make your decisions for you if you are unable to make decisions for yourself. In Queensland, you can nominate an attorney for: Personal (including health) matters - for example decisions about medical care, accommodation, and daily needs; and Financial matters – for example paying bills, settling property, and managing finances.…

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Practical steps to take after the death of a loved one

Chloe Kopilovic • Mar 31, 2025

Dealing with the loss of a loved can often be an emotional and overwhelming experience. During such a difficult time, it may be hard to know where to start or what to prioritise. In such difficult times, knowing what steps to take can help ease the process and ensure that all legal and practical matters are properly handled. Below are some initial steps surviving loved ones can take in order to ensure the deceased’s estate is property managed:   Locate the Will Finding the deceased’s Will is crucial, as it outlines the appointment of executors, their final wishes regarding the distribution…

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Is your estate planning in order?

Chloe Kopilovic • Mar 10, 2025

Ensuring your estate planning is up to date is critical for peace of mind, both for you and your loved ones. Whilst it is important to seek advice, as your circumstances generally impact your individual needs, your estate planning checklist can be broken down to 3 important documents: your Will, Enduring Power of Attorney and Binding Death Benefit Nomination. Your Will A Will allows you to take a proactive approach with how your estate will be managed if something happens to you.  In a Will, you may appoint an executor (the manager of your estate), a substitute executor, nominate who…

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Prioritise your estate plan before the festive season

Chloe Kopilovic • Dec 9, 2024

As the festive season fast approaches, it is easy to get caught up in celebrations and preparations, leaving little time to focus on essential matters like estate planning. The holiday season is the perfect time to ensure your estate planning affairs are in order, safeguarding your wishes in the case of death or incapacity. By addressing your estate planning now, you can enjoy your break with peace of mind, knowing your loved ones will be protected if the unexpected occurs. Common excuses for delaying estate planning Many people postpone estate planning due to common misconceptions, such as: “I’m young and…

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What happens to my business, company or trust when I die or lose capacity?

Chloe Kopilovic • Nov 4, 2024

Owning a business, company or trust may add additional layers of complexity to estate planning. Ensuring that your business interests are handled smoothly should you die or lose capacity will be crucial for the protection of your assets and the succession of your interests. Below is the potential impact of death or loss of capacity on several types of business structures: Sole traders As a sole trader, you and your business are legally the same entity. Therefore, if you die or lose capacity, your business operations can be severely affected if proper plans are not in place. Death: Your business…

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Does my spouse automatically inherit everything if I die without a Will?

Chloe Kopilovic • Jul 2, 2024

When planning for the future, many of us prefer to avoid thinking about what might happen after we die.  However, planning for the inevitable is crucial, especially when it comes to ensuring your loved ones are taken care of and your wishes are carried out appropriately. One common misconception is that your spouse automatically inherits everything if their partner dies without a Will. Intestacy in Queensland In Queensland, the Succession Act 1981 (Qld) governs what happens to your estate if you die intestate. When a person dies without a Will (intestacy), their estate is distributed according to a statutory formula,…

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Enduring Powers of Attorney – who, what, when, why and how?

Chloe Kopilovic • Apr 30, 2024

Many people assume getting a Will in place is the only aspect to consider when getting their estate planning affairs in order. However, do you ever think about what happens if you suddenly find yourself in a situation where you cannot make financial or personal/health decisions yourself, whilst you are still alive? This is where an Enduring Power of Attorney can help. WHAT is an Enduring Power of Attorney? A General Power of Attorney allows someone to make decisions if you are unable to make them for a period of time – provided you still have capacity to make those…

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Plan your estate before the holiday season

Chloe Kopilovic • Oct 30, 2023

As the busy holiday season is fast approaching, it is important to get your estate planning documents in order now – before leaving it too late. Conversations around estate planning can be uncomfortable. End-of-life plans and who gets the family home after you are gone, can be difficult to talk about. But casting to your mind to making decision now, can leave your family with less of a mess, if you unexpectedly lose mental capacity or pass away.    Life is already busy, and between November and January, it only gets more hectic. Between family gatherings and planned holidays, travel…

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Who is allowed copies of a Will?

Chloe Kopilovic • Mar 31, 2023

There is this long held belief by many that when someone dies there is to be a ‘reading of the Will’. However, in real terms, given the electronic world we live in, a ‘reading of the Will’ no longer occurs. Today, to see a copy of a Will, a person must take proactive steps to ask for it, and certain rules apply as to who may have a copy.  In Queensland, section 33Z of the Succession Act 1981 (Qld) (the Act) states who is entitled to see a copy of the deceased person’s Will. For someone to be able to…

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Estate planning and dispute considerations for the LGBTIQA+ community

Chloe Kopilovic • Feb 22, 2023

Taking place from 17 February to 5 March 2023, this year Sydney is the host city for WorldPride and will celebrate Australia's diverse LGBTIQA+ community. ‘LGBTIQA+’ is an evolving acronym that stands for lesbian, gay, bisexual, transgender, intersex, queer/questioning and asexual persons. Not only does Sydney WorldPride represent the first time the event will be staged in the southern hemisphere, but coincides with the 50th anniversary of the first Australian Gay Pride Week, the 45th anniversary of the first Sydney Gay and Lesbian Mardi Gras, and the fifth anniversary of Marriage Equality in Australia. With Sydney on the world stage, what better…

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Update your estate plan before you lose capacity

Chloe Kopilovic • Nov 21, 2022

The question of mental capacity is an important consideration when someone is making or updating their Will or Enduring Power of Attorney (EPA). We often hear people arguing over their loved-one’s “state-of-mind” and “what mum/dad would have wanted” – particularly if they are ageing, deteriorating in health or when their memory and ability to make decisions comes into question. A person must have mental capacity to make or update a Will and EPA to ensure their validity and limit the possibility of documents being challenged. If your loved ones are getting older or have not revised their estate plan for…

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