Wills: Why Professional Guidance Matters Most for Complex Estates

As an aged care professional, you are often present at the moment a resident’s financial and legal affairs need attention. This article is intended as a resource, and a conversation starter, for those moments, because a valid will matters for everyone in your care.

Superannuation, investments and tax arrangements are usually reviewed carefully. One document, though, is often left off that list: a valid, professionally prepared will. There are now more ways than ever to put one in place, and for older Australians the real question isn’t whether to have a will, but which approach suits their situation.

Aged care professionals are often the first to notice when a resident’s affairs need revisiting, and conversations about care and end-of-life planning naturally open the door to wills. Encouraging residents to seek professional will preparation, particularly while financial matters are already front of mind, helps protect both their interests and their families. State Trustees welcomes referrals from aged care professionals and can work with residents at whatever pace suits them, including within residential care.

Starting the Conversation with Residents

Most people preparing a will are choosing between two paths: an online will completed independently, or a professionally guided will prepared with the support of a specialist.

Both are legitimate options. Online wills can suit people with straightforward circumstances, a clear picture of their assets, and the confidence to work through the process on their own. They are accessible and affordable, and for some residents, entirely sufficient.

But for many older Australians, particularly those with property, superannuation, blended families, or assets built up over a lifetime, an in-person consultation offers something an online form cannot: the chance to ask questions, have their specific situation assessed, and receive guidance from someone experienced in the area.

Here are some of the situations where professional support tends to make a difference.

When language needs to be precise. Phrases like “my personal belongings” or “equally between my children” can seem clear enough until they are tested. What counts as a personal belonging? What if one child has already received financial assistance from the parent during their lifetime? A professional will writer can help translate intentions into wording that leaves little room for misinterpretation.

When assets are more complex than they appear. Many people do not realise that certain assets fall outside a will altogether. Superannuation, for example, does not automatically form part of the estate. It is governed by a separate binding death benefit nomination with the resident’s super fund. The same applies to jointly held property, trust assets and company-held property. As assets accumulate over a lifetime, so can tax implications that are easy to miss without professional guidance. A professional will writer can help map all of this and make sure nothing is overlooked.

When life has changed since the last will was written. Separation, divorce, second marriages, new children or grandchildren, properties bought or sold, estrangements, business interests: all of these shift the picture. A professional consultation naturally prompts these conversations, so the final document reflects life as it is today, not as it was years ago.

When witnessing and execution requirements feel uncertain. In Victoria, a will must be signed in the presence of two adult witnesses who are both present at the same time and who are non-interested adult witnesses. There are rules and procedures a professional will make sure are followed, giving peace of mind that there will be no issues with execution or witnessing later. A professional will writer makes sure everything is done correctly from the outset.

When contingency planning matters. What happens if a beneficiary dies before the testator? What if two people named as beneficiaries die close together? Proper substitution clauses and contingency planning are easy to overlook independently, and a professional will writer will raise these as a matter of course.

Why Professional Guidance Is Worth It

The period following a loved one’s death is already one of the most difficult times a family faces. A clearly prepared, professionally executed will removes uncertainty from that time, giving families clarity rather than conflict.

A professionally prepared will is not a luxury. It is a safeguard, for the resident’s assets and for the people they love.

Why Now Is the Right Time to Act

There is no need to wait for a milestone or a scare. Whenever finances are being reviewed is a good moment to ask whether a resident’s will still reflects their life as it is today.

For many older Australians, particularly those supported by aged care professionals, the answer is that their will was written years or even decades ago, or perhaps never written at all. Life has changed. Their will has not.

State Trustees encourages providers to treat will preparation as a standing item on residents’ financial checklists. Where guidance from a professional is a priority, State Trustees’ will-writing team brings years of experience to the process.

What a Professional Will-Writing Consultation Covers

State Trustees has been helping Victorians plan for the future since 1940. As Victoria’s state-owned trustee, they have supported hundreds of thousands of residents through life’s most significant financial transitions, and that experience consistently shows the same pattern: the people best protected are those who sought professional guidance before they needed it. State Trustees’ will-writing professionals do far more than fill in a template.

A professional consultation with State Trustees will cover:

• Consideration of important asset types, such as superannuation, property, investments and personal belongings
• Guidance on how different assets are treated under the law, and how to make sure wishes are carried out for each asset
• Proper identification of executors and the responsibilities they will carry
• Contingency planning for unexpected circumstances, including what happens if a beneficiary predeceases the resident
• Clear language that avoids misinterpretation or ambiguity
• Compliance with all Victorian witnessing and execution requirements

The result is a document that not only reflects the resident’s wishes, but can withstand scrutiny, giving their family clarity and security at a time when they need it most.

Don’t Forget Power of Attorney

A will is only part of the picture. It takes effect after death, but it says nothing about who can make decisions on a resident’s behalf while they are still alive but no longer able to manage their own affairs due to illness, injury or cognitive decline.

An Enduring Power of Attorney addresses this gap. It allows a resident to appoint a trusted person, or a professional trustee such as State Trustees, to manage their financial and legal affairs if they are ever unable to do so themselves. Without one in place, families can face a costly and time-consuming application to the Victorian Civil and Administrative Tribunal (VCAT) to have a decision-maker appointed, often at the very moment a family is least equipped to manage it.

For older Australians already engaging with aged care services, putting an Enduring Power of Attorney in place alongside a will is one of the most practical steps that can be taken to protect their independence and give their family certainty. It is worth raising in the same conversation as a will, and it is directly connected to the discount available below.

Encouraging Residents to Take the Next Step

Whatever path a resident chooses, the most important thing is that a valid, up-to-date will exists. For those whose circumstances are anything other than straightforward, a conversation with a professional will writer to get their guidance is well worth it.

A professionally prepared will from State Trustees gives peace of mind, for residents and the families who rely on them.

Residents receive 20% off their documents drafted by State Trustees when they:

• Nominate State Trustees as their executor, or
• Nominate State Trustees as their attorney in an Enduring Financial Power of Attorney, or
• Hold a concession or seniors card

For many older Australians, at least one of those conditions will apply. It is worth asking.

To book an appointment or make a referral, contact State Trustees today.

📧 [email protected] 📞 1300 138 672 🌐 www.statetrustees.com.au