Why it's important to plan ahead
Planning for end of life and making sure you have an updated Will can provide peace of mind.
A Will is an important legal document that states what you want to happen with your estate after you pass away. You can make it easier for your family to honour your final wishes and reduce the chance of confusion and disputes by:
- making sure you have valid documents and instructions in place
- nominating responsible people, like an executor and children's guardian to carry out your instructions.
But planning for end of life is more than maintaining a valid Will, which only takes effect after you die.
Other documents have an impact during your lifetime, if you no longer have capacity to make decisions for yourself. These include:
Planning for end of life checklist
Follow this step-by-step guide to get started.
Make or update your Will
Your Will is an important legal document with instructions for who you want to inherit your estate, care for your children, and be the executor of your estate when you pass away. It includes:
- who you want to receive your assets (the things you own)
- who you want to receive specific personal and heirloom items
- any religious or cultural arrangements for your funeral
- who you want as a guardian for any children under 18 years
- who you choose to be your executor when you pass away.
Our step-by-step Wills guide will help you understand what information to include in a Will, how to update it when there’s changes in your life and how to store your Will.
Choose an executor
An executor is the person or organisation you appoint to manage your estate within the terms of your Will. The executor is responsible for making sure your wishes are carried out. The role of executor carries important personal responsibilities that can:
- be time consuming
- be challenging, when potentially dealing with grief if you’ve nominated a friend or relative
- require complex and objective decision making.
In this situation, people often appoint an independent executor who has experience in estate administration. This then relieves the potential burden of the role of executor being placed on a family member or friend.
You can appoint NSW Trustee and Guardian to act as executor of your Will. They are the state's largest executor of Wills with specialist legal, finance, property and tax experts to assist.
Find out more about choosing an executor.
Make a Power of Attorney
A Power of Attorney usually authorises someone to make legal and financial decisions for you when you’re not able to yourself. This could be because you may have lost the capacity to do so due to a serious illness or injury.
Typical actions an Enduring Power of Attorney may take include:
- paying your bills
- signing legal documents
- selling or purchasing assets
- managing your money
- accessing bank accounts.
Many people choose to appoint NSW Trustee and Guardian as their attorney because we are independent and provide a team of professionals experienced in all aspects of financial matters and law to support you.
If you don't have an Enduring Power of Attorney and decisions need to be made on your behalf about financial and legal matters, a court or tribunal may need to appointment someone through a financial management order to make decisions for you.
Choose an Enduring Guardian
An Enduring Guardian is a person you appoint to make accommodation, healthcare, lifestyle and medical decisions on your behalf if you become unable to make your own decisions. This could be due to a temporary or permanent loss of decision-making ability from illness, injury or disability – this can happen at any time in your life.
Your Enduring Guardian only starts making decisions for you when you are unable to.
You should choose someone you trust such as a spouse, family member or friend.
If you do not have an Enduring Guardian and decisions need to be made on your behalf, a court or tribunal may need to appoint someone through a Guardianship Order to make decisions for you.
Not sure what to do? NSW Trustee and Guardian provide a professional service to help you prepare your Enduring Guardian document.
Learn more about choosing an Enduring Guardian.
Make an Advanced Care Directive
An Advance Care Directive lets people know what health care treatments you'd like to have, or refuse, in case you cannot make decisions about your care and treatment.
This could be due to incapacity following a serious illness or injury.
An Advance Care Directive:
- can only be made by adults who have capacity to make such decisions
- is separate to, but a complement to an Enduring Guardianship appointment
- includes details of what is important to you, such as your values, life goals and preferred outcomes
- outlines the treatments and care you would like or would refuse if you are in the later stages of a terminal illness.
Find out more about an Advance Care Directive and how to make one at NSW Health.
Make your funeral wishes known
Planning a funeral or memorial service before your death can help reduce stress for friends and family when they are grieving.
Decisions you can make ahead of time include:
- whether you want a burial, cremation or a service specific to any cultural or religious custom
- organising payment in advance
- any specific readings, speakers or music.
While you can include your funeral wishes in your Will, it's best if they're also shared and communicated separately because the Will is often not read or seen until after the funeral or memorial service.
Find out more about how to make your funeral wishes known.
Why it's important to get professional advice
Making sure your Will is valid and covers all that's needed can be complicated and stressful. You should always seek legal advice from NSW Trustee and Guardian or a private solicitor.
While you can prepare a Will yourself, it's strongly recommended to get professional help. There are many reasons for this, including:
- that the words you use in everyday life may not have the same meaning when documented in a Will
- uncertainty as to what assets can and cannot be given away in a Will.
Getting professional help in drafting your will can ensure it:
- fully represents your wishes
- is clear and unambiguous
- includes your nominated executor and guardian
- takes into account any complex legal, financial and taxation issues
- is legally valid and signed correctly.
Where you can get advice
The Law Society of NSW offers a solicitor referral service connecting members of the profession to the general public who may require legal advice, including help when making a Will.
The service draws from a database of private law firms who've registered their details, areas of law and other practice information with the society.
You submit your request and the society searches for firms that are likely to meet your needs, and provides you with their contact details.
The referral service is free. However, firms will charge their normal fees. You should ask about costs of your first appointment before booking as not all law firms on the society's database provide a free initial consultation.
The society also offers a pro bono scheme that can put you in touch with law firms willing to provide legal services for free or at a reduced cost.
You will need to meet the criteria, including a means test, before making an application.
Find a solicitor at the Law Society of NSW
NSW Trustee and Guardian is a government agency with specialist legal, finance, property and tax experts who prepare Wills.
Our Will preparation services are free for people eligible for a full Centrelink age pension, including people receiving other government benefits, such as a Department of Veterans' Affairs pension, who would otherwise be eligible for a full Centrelink age pension.
Additional services include:
- document storage in our Will Safe for a fee, but free when appointing NSW Trustee and Guardian as your executor or Power of Attorney
- acting as attorney under a Power of Attorney
- acting as executor or trustee for an estate or trust
- acting as direct financial manager for the affairs of people with disability that affects their capacity to make decisions, or overseeing private financial managers who undertake this role.
Access support services
Planning for end of life can be challenging. If you feel under stress and need emotional support, find out what mental health services and support is available.
Resources
We have helpful resources for you to learn more about Wills and Estate Planning.
Wills and Estate Planning guide
Our guide has helpful information about making a Will, choosing a Power of Attorney and what is Enduring Guardianship and why it is important.
