When you meet with a lawyer to discuss your estate planning needs, the lawyer may need to verify that you have the mental capacity to make decisions regarding your personal and legal affairs. This doesn't mean that the lawyer thinks that you may not be of sound mind. What it does mean is that the lawyer is trying to protect you and your beneficiaries from having your wishes challenged by someone else at some future time!

During severe illness, you may be unconscious or otherwise unable to communicate your wishes - at the very time when many critical decisions need to be made. You have the ability to help your family make critical decisions about the medical treatment you receive - and ease the emotional trauma encountered when making life and death decisions.

A General Power of Attorney authorises someone to act on your behalf, but ceases to operate where you lose mental capacity due to accident or illness.  A spouse, friend or relative would be unable to act on your behalf or assist you with any of your personal, legal or financial affairs unless you had signed an Enduring Power of Attorney.

Where you pass away without a valid Will, you are classified as dying 'intestate'.  Where your Will doesn’t deal with all of your estate assets, you are classified as dying 'partially intestate'.  If intestate, your assets are distributed according to a rigid set of rules.  The consequences can be disastrous for your family, as those people closest to you could miss out entirely.

Two important changes were made to Queensland’s Succession laws on 5 June 2017: (1)  The end of a defacto relationship is now treated the same as the end of a marriage (2) Step-children are now eligible to make a claim on the estate of their step-parent

When a personal relationship breaks down, your life changes.  A relationship breakdown means that you have to redesign your future plans. Whilst an unwanted experience, it is the perfect time to make the changes to protect your future.

There are no excuses for not having a Will! You may recognise some of these "reasons" for not organising your estate planning arrangements. Buy when you think about it, you owe it to your family to get organised.

The contents of your parents’ Wills are none of your business. However, the risk of losing your inheritance means that there may be very good reasons for a discussion about your parents' estate planning arrangements.