Estate Planning 101: Why It Matters More Than You Think
When most people hear the words “estate planning,” they freeze up.
They think it’s not relevant to them.
They think it’s cursed.
They think it’s too overwhelming to deal with.
But here’s the truth: estate planning isn’t about death—it’s about making life easier for the people you love.
The information in this blog is relevant to New South Wales, Australia, but similar principles apply across other Australian states and even overseas.
Why Estate Planning Matters
I’ve seen it time and time again—people delay putting their estate planning in place because:
- “Everything will just go to my partner.”
- “I’m too young for that.”
- “If I make a will, I’ll die like my dad did.”
- “I don’t have much anyway.”
- “It’s too overwhelming.”
And then, when something happens, their family is left dealing with unnecessary stress, extra costs, and legal complications that could’ve been avoided.
Estate planning isn’t just a “rich people” thing. It’s something every adult should have in place—because it gives clarity, certainty, and peace of mind.
The Three Core Documents in Estate Planning
When we talk about estate planning at Aqua Legal & Conveyancing, we mean three key documents:
Will
Power of Attorney
Enduring Guardianship
Many people walk away from other legal practices with just a will—without ever being told about the other two documents. Frankly, that’s not good enough. All three are just as important.
1. Your Will – Protecting Your Wishes
A will comes into effect when you pass away.
In your will, you:
- Appoint executors – the people who work with a lawyer to carry out your wishes.
- Nominate beneficiaries – the people who will receive your estate.
- Appoint guardians for your children (if they’re under 18).
Without a valid will, your estate is distributed under intestacy laws. That means the government decides who gets what, not you. And if there’s someone you don’t want to benefit—like an ex-partner or an estranged family member—intestacy won’t protect you.
DIY will kits are a common trap. They’re often signed or completed incorrectly, or they don’t cover specific situations. A poorly drafted will can end up costing your family far more in the long run.
Pro tip: Review your will whenever your life changes—marriage, separation, kids, major purchases. If you get married, you need a new will.
2. Power of Attorney – Managing the “Business” End of Your Life
A Power of Attorney applies while you’re alive.
It allows your appointed attorney to:
Access bank accounts and pay bills
Manage property and assets
Handle business and financial affairs on your behalf
Even if you own property jointly with someone, you still need this document. Without it, if something happens to your co-owner, you can’t automatically sell or manage the property.
Without a Power of Attorney, your loved ones may have to apply to the tribunal for permission to manage your affairs—a long, stressful, and expensive process that’s often needed urgently.
3. Enduring Guardianship – Your Health & Care Decisions
If Power of Attorney covers the financial side, Enduring Guardianship covers the health side.
Your appointed guardian can:
- Decide where you live
- Approve medical and dental treatment
- Arrange in-home support services
- Make end-of-life care decisions based on your wishes
This includes whether you’d want life-prolonging treatment in the event you’re seriously ill and unlikely to recover. It’s not about being morbid—it’s about taking that painful burden off your loved ones.
Talking About Death Shouldn’t Be Taboo
In my house, estate planning isn’t scary. It’s just normal. My girls (11 and 13) know what wills and guardianships are—not because I sat them down and gave them a lecture, but because they’ve overheard me talking about it at work.
The more we normalize these conversations, the easier things will be for the people left behind.
This also includes planning for your funeral—whether you want a service or not, burial or cremation, music, outfits, special requests. These details can ease a lot of emotional stress on your family.
Real Stories, Real Consequences
I’ve seen:
Secret children from past relationships come forward and claim on an estate.
Urgent power of attorney applications take months, leaving families powerless to access funds.
DIY wills that caused years of disputes and legal costs.
These aren’t “what if” scenarios—they happen all the time.
Final Thoughts: Don’t Leave It Too Late
Coming up to Christmas, our phones run hot with last-minute estate planning requests. But sometimes, it’s simply too late—especially if someone no longer has legal capacity to make those decisions.
✔ Have your will drafted or reviewed
✔ Put a power of attorney in place
✔ Set up enduring guardianship
✔ Talk openly with your family
And if you own assets in multiple countries, like Australia and the U.S., make sure your documents are valid in each place—and that they don’t conflict with each other.
Need Help With Your Estate Planning?
Estate planning isn’t just paperwork—it’s protection for your loved ones.
If you’re in New South Wales and haven’t yet sorted your will, power of attorney, or enduring guardianship, don’t wait until it’s too late.
Book a consultation with Aqua Legal & Conveyancing or call us to get started.
Your future self—and your family—will thank you for it.