Estate Planning Checklist Australia 2025 | Wills, POA, Super Nominations & More

Estate Planning Checklist for Australians (2025)

Estate planning is one of the most important things you can do for your family — yet over half of Australians die without a valid will. This checklist ensures nothing is overlooked.

Essential Documents

• Current valid will: Signed, witnessed by two adults who are not beneficiaries, stored safely
• Enduring Power of Attorney (financial): Appoints someone to manage your financial affairs if you lose capacity — must be enduring (not just general) to remain valid if you lose capacity
• Medical/Guardianship POA or Advance Care Directive: Documents your healthcare wishes and appoints a medical decision-maker — differs by state
• Superannuation Binding Death Benefit Nomination: Directs your super fund on who receives your super — super does NOT automatically follow your will

Your Will — What to Include

• Name an executor (who administers your estate) — and a backup executor
• Clearly identify all beneficiaries with full legal names
• Specify what each beneficiary receives
• Include provisions for what happens if a beneficiary predeceases you
• Name a guardian for any dependent children
• Include specific gifts of sentimental items (not just money)
• Note any funeral wishes (though technically not legally binding)

Superannuation — Often Overlooked

Superannuation is held in trust and does NOT automatically form part of your estate — it is paid according to your death benefit nomination or at the trustee's discretion. This is one of the most commonly misunderstood aspects of Australian estate planning.

• Check your super fund's death benefit nomination — is it lapsing or non-lapsing?
• Lapsing nominations expire every 3 years — confirm yours is current
• Consider a binding death benefit nomination to ensure certainty
• Review the tax implications for non-dependant beneficiaries (they may pay tax on taxable components)

When to Update Your Estate Plan

Review your estate plan when any of these occur:

• Marriage (invalidates most existing wills in all Australian states)
• Divorce (may revoke or partially revoke existing will — varies by state)
• Birth or adoption of a child or grandchild
• Death of an executor, beneficiary or guardian
• Significant change in assets (property purchase, sale, inheritance)
• Starting or selling a business
• Moving interstate or overseas
• Every 3–5 years regardless of life changes

Where to Keep Your Documents

• Original will: with your solicitor, in a fireproof safe or with the relevant state public trustee
• Tell your executor where your original will is stored
• Keep copies of all estate planning documents in a secure accessible location
• Create a "letter of wishes" (not legally binding but helpful guidance for your executor)

Estate planning requirements vary by state and individual circumstances. Always engage a qualified solicitor for will preparation and estate planning advice — online will services are only appropriate for simple estates.