4 As Christmas approaches each year, I find myself having a version of the same conversation. Someone will mention, almost in passing, that their Will was made “years ago” — sometimes before their grandchildren were born, sometimes before a marriage or a separation, sometimes before the person they appointed as their attorney had even considered moving overseas. With the whole family soon to be together for Christmas, November is the perfect time to get these things sorted, calmly and well ahead of the festive rush. So this month, I wanted to share the five things I most often find when I sit down with someone to review their Will or Enduring Power of Attorney (EPOA). If even one of these sounds familiar, it’s worth a conversation now, so it’s one less thing on your mind over Christmas. 1. Your Will is more than five years old. I still see Wills made decades ago that no longer reflect what someone actually wants. Under the Succession Act 1981 (Qld), an old Will remains legally valid — but that doesn’t mean it still says what you’d want it to say. 2. Your family situation has changed. A marriage, a separation, a new grandchild, or the passing of a beneficiary or executor — I’ve seen each of these quietly turn a once-clear Will into one that no longer works the way it was intended or isn’t valid at all. 3. You don’t have an EPOA at all. This is the one that worries me most, because it’s the one families feel the effects of immediately. Without an EPOA, if you ever lost capacity, your loved ones couldn’t simply step in — they’d need to apply to QCAT under the Guardianship and Administration Act 2000 (Qld) for the appointment of an administrator and/or guardian. I’ve sat with families going through that process, and it’s slower, more public, and more stressful than it needs to be. 4. Your appointed attorney or executor may no longer be the right person. People pass away, move overseas, or simply drift from the role you once trusted them with. It happens more often than you’d think, and it can leave a document unworkable at exactly the moment it’s needed. 5. You’ve never checked whether your EPOA covers both financial and personal/health matters. Under the Powers of Attorney Act 1998 (Qld), a properly prepared EPOA can cover both in the one document. I regularly meet people whose EPOA only ever covered their finances — leaving a real gap around who could make health and personal decisions on their behalf. Throughout November and December, I’m offering a complimentary review of your existing Will and EPOA for our locals on the Gold Coast — simply mention this article when you call. Getting it done early means it’s off your mind well before Christmas. A Christmas Gift Idea Worth Giving Are you looking for a gift for a parent, partner, or adult child that actually means something? This Christmas, Aylward Game Solicitors is offering gift certificates for Will and EPOA packages — a genuinely meaningful present that gives someone real peace of mind, not just for one day, but for years to come. It’s a little unconventional as far as Christmas gifts go, but for the person who has everything, it may be the most thoughtful thing under the tree. I’d love to help your family head into the New Year knowing everything is exactly as it should be. To book your complimentary November/December review, arrange a Will or Enduring Power of Attorney, or purchase a Christmas gift certificate, please contact me or our friendly Paradise Point team - and please mention this article when you call - phone 1800 217 217. See advert front cover. Sorted Before Christmas: 5 Signs Your Will or EPOA Needs a Check-Up By Kauri Burgess, Senior Estate Lawyer — Aylward Game Solicitors, Gold Coast & Brisbane Kauri Burgess, Senior Estate Lawyer
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