Creating an estate plan: how to get started

Many believe that to create an estate plan is to simply write up a will. The truth is, estate planning covers much more than this.

A will is simply a legally binding document that sees your money and assets divided and distributed to people or organisations you love when you pass away.

An estate plan can also include who takes over your affairs if you lose the capacity to make sound decisions in the later stages of your life, where your superannuation goes and more.

Getting your estate plan together is an absolute necessity. If you want to get started, read on.

Get your power of attorney set up

A power of attorney is a document that legally gives someone the right to look after your affairs for you.

It’s important to choose someone who you believe to be responsible and will be there when you need them most.

Your affairs can include financial, legal and even medical decisions. There are a variety of powers of attorney available as well as Advance Care Directives to cover the breadth of decisions that may need to be made.

• A General power of attorney gives the person you nominate the authority to make legal and financial decisions on your behalf for the period you set, however it expires when you are not legally able to make decisions anymore, or upon your death.
  
  
• An Enduring power of attorney is almost the same as a General one but does not expire when you legally cannot make decisions anymore. An enduring power of attorney expires upon your death.
  
  
• Advance Care Directives cover non-financial matters. They allow you to write down your wishes, preferences and instructions for your future health care, end of life, living arrangements and personal matters. Advance Care Directives also allow you to appoint one or more Substitute Decision-Makers in the case you’re unable to make decisions yourself.
  
  

If you’re trying to decide what power of attorney you’ll need or if you may need Advance Care Directives, it’s best to consult an estate planning lawyer for more information.

Creating your will is final step in your estate plan

The last thing you need to do is create your will if you haven’t already.

Your will can include who receives your money and assets after you pass away, who takes care of your children, how you would prefer your funeral to be run and your burial preference.

It’s extremely important that your will is valid and is recognised legally. If it isn't, all your instructions may not be followed when you pass away.

If you want to make amendments to your will at a later date you can, however it’s best to speak to a professional before making any amendments.

Lastly, don’t forget to nominate an Executor, your Legal Personal Representative.

Your Executor is the trusted person (or people) who will make sure that everything in your will happens. They’ll see overseas money and assets divided and distributed as per your wishes as well as see through any other requests you made in your will.

Trying to get your estate plan in order?

Estate planning isn’t simple.

If you’re trying to put an estate plan together, we highly recommend getting help from an estate planning lawyer. There are a lot of details that need covering and they can help you navigate them all.

If you would like to know more about your options under each Super SA scheme, get in touch with our Member Services team.

Give them a call on (08) 8214 7800 or fill in our contact form now.