Estate Planning templates for Australia

Browse all 28 free estate planning legal templates for Australia. Download as PDF or Word.

Wills & Testaments

Last Will and Testament (Australia)

Create a Last Will and Testament for Australia. Appoints an executor, distributes assets, nominates guardians for children, and establishes testamentary trusts. Governed by state Succession Acts. Execution requires two adult witnesses who are not beneficiaries.

Codicil to Will — Last (Australia)

Create a Codicil to amend an existing Will in Australia. Add, change, or remove provisions without rewriting the entire Will. Must be executed with the same formalities as the original Will — signed by the testator and two adult witnesses.

Letter of Wishes (Australia)

Create a Letter of Wishes to guide your executor and trustees in administering your estate in Australia. A non-binding document that supplements your Will with personal guidance on funeral preferences, care of dependants, and distribution of personal items.

Power of Attorney

Advance Health Directive / Advance Care Directive (Australia)

Create an Australian Advance Health Directive (also called an Advance Care Directive) documenting your medical treatment wishes for a time when you may lack the capacity to decide for yourself. Covers life-sustaining treatment decisions, CPR preferences, mechanical ventilation, artificial nutrition, palliative care wishes, organ and tissue donation, and nomination of a substitute decision-maker. Compliant with state-specific legislation including the Advance Care Directives Act 2013 (SA), Medical Treatment Planning and Decisions Act 2016 (VIC), and Powers of Attorney Act 1998 (QLD).

Enduring Power of Attorney (Australia)

Create an Australian Enduring Power of Attorney that authorises a trusted person to manage your financial and property affairs if you lose legal capacity. Covers state-specific requirements across NSW, VIC, QLD, WA, SA, TAS, ACT, and NT. Includes financial authority scope, commencement options (immediately or on incapacity), conditions and limitations, gifts authority, and authorised witness attestation requirements under the Powers of Attorney Act of your jurisdiction.

General Power of Attorney (Australia)

A General Power of Attorney (General POA) is a formal legal instrument by which one person — the Principal — authorises another person — the Attorney or Donee — to act on their behalf in financial, property, and legal matters. In Australia, the defining characteristic of a General Power of Attorney that sets it apart from an Enduring Power of Attorney (EPOA) is that it automatically ceases to operate if the Principal loses legal capacity. This makes the General POA appropriate for use by Principals who have full capacity and require a trusted person to act for a specific purpose or during a defined period. General Powers of Attorney are regulated by state and territory legislation across Australia. The key statutes include the Powers of Attorney Act 2003 (NSW) — which defines 'power of attorney' in section 3 — the Instruments Act 1958 (VIC) section 115, the Powers of Attorney Act 1998 (QLD), the Powers of Attorney and Agency Act 1984 (SA), the Property Law Act 1969 (WA) section 128, the Powers of Attorney Act 2000 (TAS), the Powers of Attorney Act 2006 (ACT), and the Powers of Attorney Act 1980 (NT). Each jurisdiction imposes its own requirements as to form, witnessing, and execution. Principals and Attorneys should always confirm the requirements for their specific state or territory before relying on any power of attorney. A General Power of Attorney can be drafted with a general scope — authorising the Attorney to deal with all of the Principal's financial and legal affairs — or with a limited, specific scope. A limited General POA is frequently used for discrete transactions: for example, authorising a solicitor or family member to complete a property settlement while the Principal is temporarily overseas, or to manage particular bank accounts during an extended absence. The more precisely the scope of authority is defined, the clearer the boundaries on the Attorney's powers, which reduces the risk of misuse. The Principal must have full legal capacity at the time of signing. If capacity is lost after execution, the General POA immediately terminates by operation of law. This is the fundamental reason why Australians who anticipate future incapacity — due to ageing, illness, or injury — should also consider executing an Enduring Power of Attorney, which is designed to continue or commence upon loss of capacity. Witness requirements vary by jurisdiction. In NSW, a witness to a General POA must be an adult who is not the Attorney and who will not benefit under the document. The use of an authorised witness — such as a solicitor, justice of the peace, or notary public — is strongly recommended across all Australian states and territories, as it provides additional assurance that the document was properly executed and that the Principal had capacity. In many states, a solicitor witness is required for specific types of transactions (such as dealings with real property). The Attorney's duties under a General POA include acting honestly and in the Principal's best interests, avoiding conflicts of interest, keeping the Principal's property separate from their own, maintaining accurate accounting records of all transactions, and exercising the power only within the scope granted. Third parties — such as banks, real estate agents, and government agencies — are generally entitled to rely on a General POA presented to them, provided they have no actual notice that it has been revoked or terminated. A General POA terminates on the death of the Principal or the Attorney, upon revocation by the Principal (while the Principal has capacity), upon the Attorney becoming bankrupt (where financial matters are covered), upon the Principal losing legal capacity, or upon the expiry of any fixed term specified in the document. The Principal can revoke the POA at any time by delivering a written notice of revocation to the Attorney. Common uses of a General Power of Attorney in Australia include managing property transactions during overseas travel, handling banking and financial administration during recovery from surgery, delegating authority to a solicitor to settle a real estate sale or purchase, and managing a business or investment portfolio during a period of absence. In all cases, the selection of an Attorney who is trustworthy, financially responsible, and aware of their legal obligations is essential to protect the Principal's interests.

Power of Attorney (Australia)

Create a General Power of Attorney for Australia. Authorises a trusted attorney to manage financial and legal affairs. Governed by state Powers of Attorney Acts. Does not survive loss of capacity — use an Enduring POA for ongoing protection.

Power of Attorney for Child / Temporary Parenting Authority (Australia)

Create an Australian Parenting Authority and Power of Attorney for Child Care, authorising a trusted adult to care for your child and make day-to-day decisions including medical consent, school matters, and travel during a defined period. Suitable for parents travelling overseas, hospitalised, or temporarily unavailable. Covers medical treatment, school authority, domestic and international travel, and recreational activities. Includes emergency contact information and a carer acknowledgment section.

Durable Power of Attorney (Australia)

Create an Enduring (Durable) Power of Attorney for Australia. Survives loss of mental capacity. Authorises a trusted attorney to manage financial and legal affairs even if you become incapacitated. Governed by state Powers of Attorney Acts.

Limited Power of Attorney (Australia)

Create an Australian Limited Power of Attorney authorising a trusted person to act on your behalf for a single, specific transaction or purpose. Suitable for real estate settlement, banking transactions, business dealings, or any discrete legal matter. Not enduring — automatically terminates on completion of the transaction, on a fixed expiry date, or on loss of legal capacity. Covers all Australian states and territories under the applicable Powers of Attorney Act.

Medical Power of Attorney (Australia)

Create a Medical Power of Attorney (Enduring Guardian / Health Care Proxy) for Australia. Appoints a trusted person to make medical and lifestyle decisions if you lose capacity. Governed by state Guardianship Acts and Powers of Attorney legislation.

Motor Vehicle Power of Attorney (Australia)

Create a Motor Vehicle Power of Attorney for Australia. Authorises a trusted person to register, transfer, sell, or otherwise deal with a motor vehicle on your behalf. Used for state transport authority transactions including NEVDIS, RMS, VicRoads, TMR, and DoT.

Revocation of Power of Attorney (Australia)

Create a formal Revocation of Power of Attorney under Australian law. Terminates the authority of a previously appointed Attorney immediately upon notice. Covers General, Enduring, and Limited Powers of Attorney. Includes notice to the Attorney, notification provisions for third parties, and registration guidance for registered powers of attorney. Compliant with state-specific revocation requirements across NSW, VIC, QLD, WA, SA, TAS, ACT, and NT.

Special Power of Attorney (Australia)

Create a Special (Limited) Power of Attorney for Australia. Authorises an attorney to act for specific transactions or a defined period — such as selling property, managing a bank account, or signing documents while overseas. Governed by state Powers of Attorney Acts.

Trusts

Discretionary Trust Deed (Family Trust) — Australia

Create an Australian Discretionary (Family) Trust Deed compliant with the Income Tax Assessment Act 1936 and 1997 (Cth) and applicable state trustee legislation. Includes settlor, individual or corporate trustee, primary and general class beneficiaries, Appointor with succession provisions, 80-year vesting date, trustee powers, Family Trust Election provisions, income distribution mechanics, CGT 50% discount, stamp duty obligations, and ATO registration requirements. Suitable for asset protection, estate planning, and tax-effective income splitting among family members.

Unit Trust Deed (Fixed Unit Trust) — Australia

Create an Australian Fixed Unit Trust Deed compliant with the Income Tax Assessment Act 1936 and 1997 (Cth) and applicable state trustee legislation. Includes settlor, individual or corporate trustee, unit classes, unit holder register, issue and redemption price mechanics, fixed proportional income distributions, capital gains and franking credit flow-through, transfer restrictions, 80-year vesting date, winding up provisions, and ATO registration requirements. Suitable for property investment, joint ventures, and structured investment arrangements between multiple investors.

Healthcare Directives

Advance Care Directive (Australia)

An Advance Care Directive (ACD) is one of the most important planning documents an Australian adult can create. It allows you to record your values, beliefs, and specific wishes about medical treatment and healthcare so that those wishes are respected if you ever lose the ability to speak for yourself — whether through serious illness, injury, dementia, or any other cause that deprives you of decision-making capacity. In Australia, advance care directives are governed by state and territory legislation, and the terminology, formal requirements, and legal effect vary between jurisdictions. In South Australia, the Advance Care Directives Act 2013 (SA) provides a comprehensive statutory framework that gives legally binding force to statements made in an ACD. In Victoria, the Medical Treatment Planning and Decisions Act 2016 (VIC) establishes the framework for Advance Care Directives and the appointment of a Medical Treatment Decision Maker. In New South Wales, the Guardianship Act 1987 (NSW) and its related provisions govern advance care planning, with formal Enduring Guardianship arrangements covering personal and health decisions. In Queensland, the Powers of Attorney Act 1998 (QLD) allows a single Enduring Power of Attorney to include both financial and personal/health decision-making authority. Similar legislation exists in Western Australia (Guardianship and Administration Act 1990), Tasmania (Guardianship and Administration Act 1995), the ACT (Powers of Attorney Act 2006), and the Northern Territory (Advance Personal Planning Act 2013). Despite these jurisdictional differences, all Australian advance care directives serve the same core purpose: to provide healthcare providers with clear guidance about your wishes when you cannot communicate them yourself, and to appoint a trusted person to make decisions on your behalf. An Advance Care Directive typically contains two distinct components. The first is a statement of your values, beliefs, and healthcare preferences — sometimes called instructional directives or specific wishes. These statements communicate what matters most to you, what quality of life means to you, and what medical interventions you consent to or refuse. The second component is the appointment of a substitute decision-maker — variously called a healthcare agent, medical treatment decision maker, or enduring guardian depending on the jurisdiction. This person is authorised to make healthcare decisions on your behalf when you lack capacity, guided by your stated wishes. Common matters addressed in an Advance Care Directive include preferences about life-sustaining treatment (such as cardiopulmonary resuscitation, artificial ventilation, and artificial nutrition and hydration) in circumstances of terminal illness, permanent vegetative state, or end-stage illness. Palliative care preferences — including the desire for pain relief and comfort care — are a critical element, as are preferences about the location of end-of-life care (home, hospital, hospice, or aged care facility). Organ and tissue donation wishes are often recorded in an ACD, though in Australia a separate Australian Organ Donor Register entry is the primary mechanism for registering donation decisions. Cultural, religious, and personal values that should guide healthcare decisions — such as a preference for or against blood transfusions, or wishes relating to spiritual support — can also be recorded. A properly completed and witnessed Advance Care Directive provides significant legal and practical protection. In most Australian states, a treating health professional who acts in good faith in accordance with a valid ACD is protected from civil and criminal liability under the applicable legislation. An ACD can prevent unwanted medical interventions and can relieve family members of the burden of making difficult decisions without guidance. To be legally effective, an ACD must be executed in accordance with the formal requirements of the relevant state or territory legislation. In most jurisdictions this requires the document to be signed by the Principal (you) in the presence of at least two adult witnesses, at least one of whom is not a family member or a person who benefits from your estate. Some jurisdictions require a witness to be a medical practitioner, justice of the peace, or authorised witness. You must also have decision-making capacity at the time you sign the document. This template provides a comprehensive foundation for your Advance Care Directive. Given the life-or-death importance of this document and the variation in requirements between Australian states and territories, it is strongly recommended that you review the completed document with your general practitioner, a solicitor, or an advance care planning service in your state before signing and distributing copies.

Living Will (Australia)

Create an Australian Living Will (Advance Care Directive) documenting your healthcare wishes if you become unable to communicate. Covers life-sustaining treatment, pain management, organ donation, and appointing a healthcare decision maker. Recognised across all Australian states.

Estate Administration

Appointment of Guardian (Australia)

An Appointment of Guardian is a legal document used to appoint a trusted person to make personal, lifestyle, and healthcare decisions on behalf of an adult who has impaired decision-making capacity. This incapacity may arise from dementia, an acquired brain injury, an intellectual disability, a mental illness, or any other medical condition that affects the person's ability to understand, retain, and weigh information relevant to a decision and to communicate their decision. In Australia, the appointment of guardians for adults with impaired capacity is governed by state and territory guardianship legislation, administered by specialist civil and administrative tribunals. In New South Wales, the Guardianship Act 1987 (NSW) provides the framework for plenary and limited guardianship orders. Section 6 of the Act provides that the NSW Civil and Administrative Tribunal (NCAT) may appoint a guardian for a person who has a disability and, as a result of that disability, is totally or partially incapable of managing their person. In Queensland, the Guardianship and Administration Act 2000 (QLD) establishes the Queensland Civil and Administrative Tribunal (QCAT) as the decision-making body for guardianship and administration orders. In Victoria, the Guardianship and Administration Act 1986 (VIC) governs guardianship, with the Victorian Civil and Administrative Tribunal (VCAT) having jurisdiction. Western Australia uses the Guardianship and Administration Act 1990 (WA), South Australia the Guardianship and Administration Act 1993 (SA), Tasmania the Guardianship and Administration Act 1995 (TAS), the ACT the Guardianship and Management of Property Act 1991 (ACT), and the Northern Territory the Adult Guardianship Act 1988 (NT). A guardian appointed under these Acts has authority to make decisions about the personal, lifestyle, and healthcare matters of the represented person — including decisions about where they live, what medical treatment they receive, what support services they access, and day-to-day care arrangements. A guardian does not have authority over financial and property matters; those are handled by a financial administrator or attorney under a separate regime (such as an Enduring Power of Attorney or an administration order from the relevant tribunal). The scope of guardianship may be plenary (full guardianship, covering all personal and healthcare decisions) or limited (covering only specified functions, such as healthcare decisions or accommodation decisions). Most tribunals prefer limited guardianship orders that are proportionate to the person's actual needs, preserving as much autonomy and independence as possible for the represented person. Guardians in Australia have broad legal obligations. They must act in the best interests of the represented person, promote and protect the person's rights and wellbeing, encourage the person to participate in decisions to the greatest extent consistent with their capacity, give effect to the person's known wishes and values where possible, and avoid conflicts of interest. Guardians are accountable to the appointing tribunal and may be required to report on their exercise of guardianship functions. This document serves as a formal record of the proposed appointment, the Guardian's acceptance, the scope of the appointment, and the wishes and circumstances of the represented person. It is designed to accompany an application to the relevant tribunal for a formal guardianship order, or to record the appointment where the parties wish to document the arrangement prior to or in lieu of a formal tribunal process. Note that in most Australian jurisdictions, a formal tribunal order is required for guardianship to have binding legal effect, and the affected person, their family members, and other interested persons must be notified of any application. Where a person still has capacity and wishes to plan for future incapacity, they may instead make an Enduring Power of Attorney (covering financial matters) and an Advance Care Directive (covering healthcare wishes and the appointment of a substitute decision-maker), which operate without the need for tribunal proceedings. The Appointment of Guardian document is most relevant where the person has already lost capacity and a trusted person needs to be formally appointed by a tribunal, or where a family member is seeking to document and regularise informal guardianship arrangements with a view to making a tribunal application. This template should be reviewed by a solicitor or a community legal centre specialising in guardianship before submission to NCAT, VCAT, QCAT, or the relevant tribunal in your state or territory.

Superannuation Beneficiary Designation Form (Australia)

Create an Australian superannuation death benefit nomination form covering binding and non-binding nominations. Complies with the Superannuation Industry (Supervision) Act 1993 (Cth) and SIS Regulations 1994 regulation 6.17A. Nominate up to three dependants or your legal personal representative, with two-witness execution requirements and three-year lapsing rules.

Estate Distribution Agreement (Australia)

Document the agreed distribution of a deceased estate among beneficiaries in Australia. Covers asset allocation, executors' duties, consent of beneficiaries, and release of the executor from liability. Compliant with state Succession Acts and probate requirements.

Estate Planning Checklist (Australia)

A comprehensive Australian estate planning checklist covering Will, Enduring Power of Attorney, Advance Care Directive, superannuation death benefit nomination, testamentary trust, asset register, digital assets, and review schedule. References NSW Succession Act 2006, VIC Powers of Attorney Act 2014, SIS Regulations 1994, and all relevant state legislation.

Appointment of Executor (Executor Nomination) — Australia

Create a formal Australian Appointment of Executor (Executor Nomination) to formally nominate one or more persons to administer your estate after your death. This document covers the testator's details and declaration, primary executor appointment with full powers including probate application, asset collection, debt payment, tax lodgement, and distribution, optional substitute executor appointment, additional powers beyond standard statutory powers under state Trustee Acts, executor remuneration provisions (voluntary, professional fees, or court commission), renunciation rights under applicable Succession Acts (NSW Succession Act 2006, VIC Administration and Probate Act 1958, QLD Succession Act 1981, and equivalents in other states), executor acceptance provisions, and two-witness execution requirements. Suitable for individuals who need to formally document their executor nomination alongside or separately from their will.

Farm Succession Plan (Australia)

Create a Farm Succession Plan for transferring an Australian family farming business to the next generation. Covers CGT small business concessions (ITAA 1997 Div 152), stamp duty exemptions for family farm transfers, retirement provision, family equity, and estate planning integration. Suitable for all Australian states.

Inheritance Agreement (Deed of Family Arrangement) — Australia

Create an Australian Deed of Family Arrangement (Inheritance Agreement) — a legally binding agreement between the beneficiaries of a deceased estate to vary, redirect, or restructure the distribution of estate assets. This comprehensive deed covers deceased person identification, estate administration basis (will or intestacy), executor and administrator details, grant of probate references, full beneficiary party identification, original distribution under the will or Succession Act intestacy rules, agreed varied distribution including specific asset allocations, mutual consideration and release provisions, optional release of family provision claims under applicable Succession Acts (NSW Succession Act 2006, VIC Administration and Probate Act 1958, QLD Succession Act 1981), stamp duty acknowledgement under state Duties Acts, CGT implications under the Income Tax Assessment Act 1997 (Cth), representations and warranties, and full execution provisions. Suitable for families seeking to resolve estate disputes, restructure inheritance for tax efficiency, or accommodate changed family circumstances.

Living Trust Deed (Inter Vivos Trust) — Australia

Create an Australian Living Trust Deed — also known as an Inter Vivos Trust — to manage and protect your assets during your lifetime and transfer them to your beneficiaries upon your death, avoiding the delays and costs of probate. This comprehensive deed covers the settlor, individual or corporate trustee, successor trustee appointment, primary and remainder beneficiaries, initial trust property, revocable versus irrevocable structure, 80-year vesting date compliance under state perpetuity legislation, trustee duties and powers under the applicable state Trustee Act, stamp duty and CGT implications, and ATO registration requirements including TFN and ABN. Suitable for individuals seeking estate planning certainty, asset protection, and seamless succession without a grant of probate.

Testamentary Trust Will (Australia)

Create a Testamentary Trust Will for Australia that establishes a discretionary trust upon your death. Achieve income-splitting for minor beneficiaries at adult marginal tax rates under the Income Tax Assessment Act 1997 (Cth) s.102AG, capital gains tax advantages, and flexible distribution to your family. Includes trustee appointment, beneficiary class, vesting provisions, and two-witness execution under state Succession Acts.

Trust Agreement (General Purpose) — Australia

Create a comprehensive Australian Trust Agreement for a wide range of general purposes including investment management, asset holding, estate planning, and property protection. This flexible trust document covers settlor and trustee identification, optional co-trustee appointment, full beneficiary class definition, discretionary or fixed distribution methods, trustee investment powers under the applicable state Trustee Act, accounting and ATO reporting obligations, trustee removal and succession mechanisms (appointor or beneficiary vote), 80-year vesting date compliance under state perpetuity legislation, stamp duty and CGT notifications, and governing law provisions. Suitable for individuals, families, and businesses seeking a customisable trust structure that can be adapted to a variety of asset management and estate planning goals.

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