Three key documents in a South Australian estate plan

Estate planning addresses different decisions at different times. A will deals with your estate after death. An enduring power of attorney and an advance care directive help you plan for decisions during your lifetime. Preparing them together helps you consider who should act, what authority they need and how your wishes should be recorded.

Your will: directions for your estate after death

A will records who should receive your estate and appoints an executor to administer it. Your executor may need to collect assets, deal with debts and distribute the estate. Discuss the role with the person you are considering before appointing them.

PA Law helps you consider beneficiaries, particular gifts and what should happen if a person you nominate cannot act or dies before you. Your family circumstances and the way your assets are held matter. A will should reflect these details rather than rely on assumptions.

Explore our wills service in Gawler. For general guidance, see SA.GOV.AU information about making a will.

Enduring power of attorney: legal and financial decisions

An enduring power of attorney appoints someone to make legal and financial decisions on your behalf. It can continue to operate if you lose legal capacity. Its commencement and the authority given depend on the document and applicable law.

Choosing an attorney involves more than naming your closest relative. Consider their reliability, financial judgement, availability and willingness to keep records. PA Law can explain appointment options and the effect of the powers you grant.

Read about enduring powers of attorney in Gawler, or consult the South Australian Government power of attorney guidance.

Advance care directive: health, accommodation and personal matters

An advance care directive can record your preferences for future health care, accommodation and personal matters. It can also appoint substitute decision-makers for when you cannot make the relevant decisions yourself. It does not give authority to manage your finances.

We help you understand the document and record the matters that are important to you. Discuss medical questions and treatment preferences with your health practitioner so your instructions are informed by your circumstances.

Explore advance care directive assistance in Gawler. The South Australian Civil and Administrative Tribunal explains the role of advance care directives.

Estate planning beyond your will

A coordinated plan starts with understanding what you own and how it is held. Tell us about property, savings, investments, business interests and any existing arrangements. This helps identify questions that need attention before documents are finalised.

Superannuation and beneficiary nominations

Your superannuation does not automatically pass under your will. Check the nominations held by your fund, who is eligible to receive a benefit and whether a nomination needs renewal. A will and a superannuation nomination should be considered together. Read ASIC Moneysmart’s guidance on who receives your super when you die.

Family relationships and practical responsibilities

Tell us about children, dependants, previous relationships and any concerns about the people you propose to appoint. Bring questions about providing for younger beneficiaries, competing family needs or someone who may need support managing an inheritance. We can discuss what advice your circumstances require.

If you have a company, trust or assets outside South Australia, bring the relevant documents. Those arrangements may require separate consideration. Identifying them early makes the scope of your estate planning clearer.

How PA Law can help with estate planning

Our approach brings your wishes, existing documents and practical questions into one discussion. You do not need to have every answer before contacting us.

1. Discuss your circumstances. Explain your priorities, family situation and any existing plan. Raise upcoming travel, treatment or other timing concerns when you enquire.
2. Consider the documents and appointments. We explain the purpose of each document and discuss suitable executors, attorneys and substitute decision-makers.
3. Review the proposed wording. Check names, gifts, appointments and instructions carefully. Ask about anything you do not understand before signing.
4. Plan signing and future access. We explain applicable signing and witnessing requirements. Discuss where originals will be kept and who should know how to find them.

Appointments are available by arrangement, including telephone and Microsoft Teams consultations where appropriate. Signing arrangements depend on the document and your circumstances.

Contact PA Law to discuss your estate planning needs or call 0431 614 696.

What to bring to your estate planning appointment

A little preparation helps focus the discussion. Gather what you can; if something is missing, let us know.

• Your current will, powers of attorney, advance care directive and any related documents.
• An outline of assets and liabilities, including property, accounts, investments and loans.
• Superannuation fund details and copies of beneficiary nominations.
• Names and contact details for proposed executors, attorneys, substitute decision-makers and beneficiaries.
• Relevant company, trust or overseas asset documents, if applicable.
• A list of questions, proposed gifts and family or care concerns you want to discuss.

Ask us what identification and documents are needed for your appointment. You can start by describing the assistance you need when you contact the firm.

When should you review your estate plan?

Review your estate planning documents when your relationships, assets or wishes change. Marriage, separation, divorce, a new child or grandchild, a death in the family, or a major financial change may affect the plan. Changes in health or a proposed decision-maker’s availability are also reasons to seek advice.

A review does not necessarily mean every document needs replacing. Bring the signed documents so we can discuss what remains suitable and what may need updating. Do not assume separation or a move between states has automatically made the changes you want.

Choose your starting point for estate planning

You do not need a particular level of wealth or a finished list of instructions before asking about estate planning. The best starting point is the question you want answered. These examples can help you organise the discussion; they are not a recommendation to use a particular document or arrangement without advice.

If you are making your first plan

Begin with the people you would want to provide for and the people you would trust to take on responsibilities. Write down your questions about the three documents, including what each does and what it cannot do. Bring a broad outline of your assets and any arrangements already in place through a bank, superannuation fund or another adviser.

If you are unsure whom to appoint, say so. You can discuss the qualities needed for each role before deciding on names. It is also useful to ask which decisions must be made now and what information you can gather after your first appointment.

If your family circumstances have changed

Explain the change and the outcome you want to discuss, rather than only asking for a name to be removed or added. Bring the complete existing documents and tell us about any other arrangements that may be relevant. A new relationship, separation, growing family or change in a dependant’s needs can prompt questions across several parts of your plan.

Make a note of concerns you would prefer to discuss privately. When several family members are involved, each person’s wishes still need to be understood. Ask how appointments can be arranged so you have a suitable opportunity to give your own instructions.

If you have business or other complex arrangements

Prepare a list of the companies, trusts, partnerships or other arrangements you want considered and who currently advises you about them. Bring the relevant documents rather than relying only on a summary of what you remember. Identify any questions about who would manage practical tasks if you were unavailable.

Ask which matters fall within the proposed estate planning work and whether separate advice is needed. This is also an opportunity to discuss how relevant information can be obtained from another professional, with your authority, and what needs to be clarified before drafting begins.

If you are reviewing an older plan

Start by comparing your current wishes with the arrangements you remember making. Check whether the people named remain willing and available, whether your assets have changed and whether you can locate the signed originals. Bring older documents even if you are unsure whether they are still useful.

Ask for an explanation of any proposed changes and how they fit with documents that will remain in place. Keep a note of the agreed next steps, including information you need to supply and any conversations with proposed appointees. A review should leave you clearer about what happens next, not simply with a new stack of papers.

Keep your estate plan useful after signing

Completing documents is an important step, but the practical arrangements deserve attention too. A coordinated estate plan should be understandable and accessible to the people who may need it. Use these questions to plan a conversation with your solicitor and the people you propose to appoint.

Create a document and contact list

Make a simple inventory of the documents you hold, their dates and where the signed originals are kept. Record contact details for the professionals and organisations your family may need to approach. Your list might include your solicitor, accountant, superannuation fund and the institutions holding your accounts. Keep it secure and review the contact details when they change.

The list is a practical guide, not a replacement for the legal documents. Avoid putting passwords or access codes into a will or a general document list. Ask about suitable ways to handle digital accounts and records as part of your wider planning.

Talk through each person’s role

An executor, an attorney and a substitute decision-maker may face different tasks. Discuss your expectations with each proposed appointee rather than assuming they understand the role. Ask whether they are willing to act and whether work, health, distance or other commitments could affect their availability.

If the same person is being considered for more than one role, talk about how they would manage the responsibilities. If different people will act, consider how they would communicate. Bring questions about alternatives or disagreements to your appointment so the documents can be considered in context.

Agree how documents can be found

Ask which people and organisations should receive copies and what form of copy they need. Make a note of who holds each document. Tell the appropriate people how to locate the signed original when it is needed; a plan is harder to use if no one knows where to start.

When documents are reviewed or replaced, ask what needs to happen to earlier copies and who should be told. Do not assume a bank, care provider or family member will automatically learn about a change. Use your record of copy-holders as a starting point for the discussion.

Prepare a short review checklist

Between appointments, note changes in the people you have appointed, your family circumstances and the assets or arrangements you want considered. You can keep a short list of questions as they arise rather than waiting until you have made every decision.

When arranging a review, explain what has changed and bring the complete existing documents. Ask whether the proposed work covers all relevant documents or only a particular part of your plan. This helps you understand the scope of the advice and the next steps before proceeding.

Discuss a coordinated estate planning review with PA Law.

Local assistance for Gawler, Adelaide and South Australia

PA Law is based in Evanston South and assists clients in the Gawler area, Adelaide and throughout South Australia. We provide personalised advice about the documents relevant to your circumstances and explain their practical effect.

Learn more about PA Law and Principal Solicitor Manal Amro, or contact us for appointment arrangements.

If someone has already died and you need help administering their estate, visit our probate and estate administration page. For an existing inheritance dispute, see our contesting a will service.

Estate planning FAQs

Do I need all three documents?

Each has a different purpose. A will deals with your estate after death, an enduring power of attorney covers legal and financial decisions during life, and an advance care directive addresses relevant health and personal decisions. We can review what you already have and discuss which documents suit your needs.

Can PA Law prepare the documents together?

Yes. PA Law assists with wills, enduring powers of attorney and advance care directives. Reviewing them together provides an opportunity to consider appointments and wishes as a coordinated plan, while explaining the separate role of each document.

Does my attorney act as my executor when I die?

A power of attorney ends on death. Your executor’s role under your will is separate, even if you choose the same person for both appointments. See the Public Trustee’s explanation of powers of attorney.

What happens if I die without a valid will?

South Australian intestacy law determines how your estate is distributed. The outcome may differ from your wishes. Seeking advice and making a suitable will lets you record your intentions and choose an executor.

Can I make an enduring power of attorney after losing capacity?

You need the required legal capacity to make the document. If capacity is in doubt, seek advice promptly about the circumstances and any assessment needed. An existing diagnosis alone does not tell us whether a person can make a particular document.

How much does estate planning cost?

The work needed depends on your circumstances, the documents required and their complexity. Contact PA Law to discuss the scope and request information about fees before deciding to proceed.

Can I arrange a telephone or online consultation?

Telephone and Microsoft Teams consultations are available by arrangement where appropriate. Tell us what you need when enquiring so we can discuss suitable consultation and signing arrangements.

Can an estate plan prevent every dispute?

No. Clear documents and appropriate advice can help reduce uncertainty, but a will may still be challenged. Raise any concerns about family relationships or potential claims when discussing your plan.

This page provides general information about estate planning in South Australia. It is not a substitute for legal advice about your individual circumstances. Liability limited by a scheme approved under Professional Standards Legislation.