Legal, Paperwork & Documentation to Prepare Before Death.
Data suggests around 56% of Australians have never recorded or discussed their final wishes. If you’re over 50, this is worth doing now rather than later — not because anything is wrong, but because these decisions are far easier to make calmly, in your own time, than in a crisis. Left unmade, they fall to families who are often left guessing at what their loved one would have wanted.
No one enjoys thinking about this. Putting your affairs in order can feel like something best left for another day, or a task that belongs to a much older version of yourself. But the truth is simpler and kinder than that: preparing these documents is one of the most caring things you can do for the people you love. It takes the guesswork out of an already difficult time and lets your wishes speak clearly when you can’t.
Why do it now?
There are three main reasons, whatever your age or circumstances:
- It keeps the decisions yours. Your wishes are recorded in your own words, not left for others to interpret under pressure.
- • It protects the people you love. Clear documents spare your family difficult guesswork — and possible disagreement — at an already painful time.
- • It only works if it’s done in time. Wills, powers of attorney, and directives can only be made while you have the capacity to make them, which is why “later” can quietly become “too late.”
And the four essential documents to have in order are:
- A Will. Your Will sets out who receives your assets and who you trust to carry out those instructions (your executor). Without one, the law decides how your estate is distributed, and that may not reflect what you would have chosen. A Will can also name guardians for dependents and record specific gifts that carry meaning. Requirements differ between states and territories, so it’s worth having yours prepared or reviewed with a solicitor.
- An Enduring Power of Attorney. This document appoints someone to make financial and legal decisions on your behalf if you’re no longer able to. “Enduring” means it continues to operate even if you lose capacity, which is precisely when it’s needed most. Choosing the right person — someone trustworthy, level-headed, and willing — matters more than almost any other decision here.
- An Advance Care Directive. Sometimes called a living will, this records your wishes about the medical treatment you would — or wouldn’t — want if you can’t communicate them yourself. It gives your family and doctors clear direction and spares loved ones from guessing at the hardest possible moment. Appointing a person to make those decisions is a separate document — in Victoria that’s a Medical Treatment Decision Maker (sometimes loosely called a medical power of attorney), and the terms vary by state. A GP can help with the directive; a solicitor with the appointment. (Chris please double check this as it is specific to Victoria)
- Funeral wishes. These aren’t a formal legal document in the same way, but writing down your preferences — burial or cremation, the tone of the service, particular music, readings, or people you’d like involved — is a genuine gift to your family. It lifts the weight of decision-making from them and helps them honour you with confidence rather than uncertainty.
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When these documents matter even more
Some circumstances make preparation especially important. If any of these describe you or someone you care for, it’s worth acting sooner rather than later.
For people facing a terminal illness. A diagnosis often brings a window of time when things can still be arranged calmly and on your own terms. Attending to your Will, Powers of Attorney, Advance Care Directive, and funeral wishes early means the practical side is settled, leaving your energy for the people and moments that matter most. The Advance Care Directive is especially worth prioritising here, so your treatment and care preferences are clearly recorded while you’re well enough to set them down.
For people living with dementia. Legal documents can only be made while a person still has the capacity to understand them. This is the single most important reason not to delay. Following a diagnosis, arranging a Will, Enduring Power of Attorney, and Advance Care Directive early — while decisions can still be made and understood — protects the person’s own wishes and voice. A solicitor can advise on capacity requirements.
For single elderly people. Living alone often means there’s no obvious next-of-kin nearby to step in. Choosing a trusted person to act as your attorney and executor, and making sure they know where your documents are kept, brings real peace of mind. Where there’s no suitable individual, a professional executor or your state or territory’s Public Trustee may be options worth exploring.
For couples. It’s a common assumption that a surviving partner automatically has the authority to manage everything. That isn’t always the case, particularly with jointly held versus individually held assets, or where a relationship isn’t formally registered. Each partner is best served by having their own Will, Power of Attorney, and Advance Care Directive, rather than relying on the other’s.
For people without family. Having no close relatives doesn’t mean these decisions fall to no one — it means they need to be made deliberately. A trusted friend, a solicitor, or a Public Trustee can be appointed to carry out your wishes. Recording your funeral preferences is especially valuable here, so that the send-off reflects you rather than a set of default arrangements.
A gentle place to start.
You don’t have to do everything at once. Start with a single document, a single conversation. Tell one person you trust where things are kept. Each small step makes the next one easier, and together they add up to something meaningful: clarity, dignity, and a lighter load for the people left to carry it.
If you’re unsure where to begin, a solicitor can help with the legal documents, and we’re always here to talk through the funeral side with care and without pressure.
Frequently asked questions:
Doesn’t my Will already cover my funeral?
It’s the assumption almost everyone makes — and the one that trips families up most. A Will sorts out who receives what, but that process usually starts well after the funeral is over. Tuck your funeral wishes inside it and there’s a real chance nobody sees them in time. Keep them somewhere your family can find straight away instead.
Do these documents need to be witnessed or lodged somewhere to be legal?
Witnessing is where the care is needed; lodging generally isn’t required at all. In Victoria, an Enduring Power of Attorney has to be signed in front of two adult witnesses, and one of them must be someone authorised by law, like a doctor or a lawyer. That witness can’t be a relative, the person you’re appointing, or someone who cares for you. Your Will, Advance Care Directive and Enduring Power of Attorney don’t get filed with any authority — they simply stay with you. Which is exactly why the next question matters so much.
Where should I keep these documents, and who should have copies?
Somewhere secure, but never somewhere so locked-down that your family can’t get to it when the moment comes. A good approach is to keep the originals safe and hand copies to the people who’ll need them — the person you’ve appointed to make decisions, a family member you trust, or your solicitor or accountant. A document sealed in a safe nobody can open, or one whose existence you’ve kept to yourself, does no one any good. Make sure at least one person knows what you’ve prepared and where to find it.
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