Estate Planning Basics for Melbourne Families: Wills, Powers of Attorney and Super Death Benefits
You don’t have to be wealthy or elderly to need an estate plan. If you have a partner, children, a home, some investments or money in super, you already have an estate. What happens to it when you die, or if you can no longer make decisions for yourself, depends mostly on what you’ve put in place beforehand.
Plenty of Melbourne families put it off. It’s not a pleasant thing to think about, and it can all feel a bit complicated. This guide covers the basics: wills, powers of attorney and how super death benefits work. It’s general information only, so you’ll still need legal advice for your own documents.
What Is Estate Planning?
Estate planning is about deciding who gets your assets and who makes decisions for you if you can’t. For most families, it comes down to three things. A will covers who receives your assets and who manages your estate. Powers of attorney and a medical treatment decision-maker cover the times you’re still alive but can’t make decisions yourself. Then there are your super and insurance nominations, which direct money that often sits outside your will altogether.
1. Your Will
A valid will sets out who gets what and names an executor to carry out your wishes. Die without one and your estate is divided under Victoria’s intestacy rules instead. The result might be nothing like what you’d have wanted, and it can mean delays, extra costs and conflict, particularly in blended families or where relationships are complicated.
Start with your executor. You want someone trustworthy and organised who is genuinely willing to take on the role, because it can be a fair bit of work. If you have children under 18, your will is also the usual place to name who you’d want to look after them.
It also pays to know about family provision claims. Eligible people who feel they’ve been left out may be able to challenge your will, which is one more reason to get professional legal advice. And a will isn’t something you write once and forget. Marriage, divorce, a new child, a death in the family or a big change in your assets are all good prompts to review it.
2. Powers of Attorney and Medical Decision-Makers
A will only takes effect after you die. It serves no purpose if after a stroke, accident or dementia you are alive but incapable of handling your personal affairs.
An enduring power of attorney provides a solution in this case. Through an enduring power of attorney, you can choose another person to handle your personal matters. Medical treatment decisions need a separate appointment, and Victoria has its own forms and rules for this.
Without these documents, your family may have to apply to the Victorian Civil and Administrative Tribunal (VCAT) to have someone appointed. That takes time and money, and it lands on your family when things are already hard. Choose people who are reliable and understand your values, and talk your wishes through with them well before they’re needed.
3. Superannuation Death Benefits
Super is the piece many families overlook. People often assume their will takes care of it, but super generally doesn’t form part of your estate automatically. Instead, the trustee of your fund decides who receives your death benefit, guided by your nomination (if you’ve made a valid one) and the fund’s rules.
Binding and non-binding nominations
The effect of binding nomination means that the nominee would be required to pay the right party, and as such, the trustee has no choice but to act accordingly if the nomination holds. A non-binding nomination, on the other hand, is just a recommendation for the trustee. Depending on your fund, a binding nomination may lapse after a set period unless you renew it.
Who can receive super?
Super death benefits can generally be paid to your dependants, such as your spouse, your children or someone you’re in an interdependency relationship with. They can also go to your legal personal representative, in which case the money flows into your estate and is distributed with everything else.
Tax is where families often get caught out. If the benefit goes to someone who isn’t a dependent for tax purposes, such as an adult child who’s financially independent, part of it may be taxed. The tax bill can be significant.
Self-managed super funds
When it comes to SMSFs, the trust deed and nomination become increasingly important, because in most cases, the members are also the trustees. SMSF succession planning should begin early, and one should consider who will become a trustee in case of death or incapacity.
Where Financial Advice Fits In
Your solicitor handles the legal side of estate planning. The financial side is where an adviser comes in, checking that your money will actually end up where your documents say it should. If you’re looking for financial advice in Melbourne, make sure estate planning is part of that conversation.
A good adviser will look at how each of your assets is held and whether it will pass through your will or outside it. They’ll check that your super and insurance nominations match your wishes, and explain the tax effects of how your assets are passed on. They will also be able to determine if you will be able to afford your expenses, both in terms of covering your costs and meeting your needs. Ideally, your solicitor and financial planner will be working in tandem so that your finances and paperwork are aligned.
A Simple Estate Planning Checklist
Begin with your will, either making a new will or revising the existing one. Next, give power of attorney for financial affairs and medical treatment decision maker. Verify your super death benefit nominations. Don’t forget about checking the life insurance, TPD and income protection coverage as well. Keep a list of all your property, accounts, and contacts information and make sure your executor will have access to it. That is all. Now review these periodically after every three years, or sooner if there is any significant change in your life.
If you search for “financial advisors near me,” then you will come across numerous firms, so just ask them if they have estate planning services. At DFK Benjamin King Money, the financial side of it is part of the advice we give Melbourne families. If your will, super or insurance hasn’t been reviewed in a while, a conversation with one of our advisers can help you spot any gaps and work with your solicitor to close them.
Frequently Asked Questions
1. What does estate planning include?
Estate plans typically comprise a will, enduring power of attorney, a person chosen to make medical treatment decisions on your behalf, and confirmation that your super and insurance nominations are in line with your intentions.
2. What happens to my super when I die?
Super is generally not part of an estate, and therefore it cannot be determined through a will. The fund trustee decides how it will be distributed unless there is a valid binding nomination.
3. When should I review my will and super nominations?
Both need to be reviewed after marriage, separation, birth of a child, a death in the family, or a significant change in your assets. You should do it regardless even when there are no changes to your life, every few years.


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