Skip to content
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Wills + Estates
      • Wills + Estates
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing
      • Conveyancing Quote
      • Real Estate Agents
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Criminal + Litigation
      • Criminal + Traffic Law
      • Litigation
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Costs of a Law Firm
    • Choosing A Law Firm
    • 10 Awkward Questions
  • Contact Us
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Wills + Estates
      • Wills + Estates
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing
      • Conveyancing Quote
      • Real Estate Agents
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Criminal + Litigation
      • Criminal + Traffic Law
      • Litigation
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Costs of a Law Firm
    • Choosing A Law Firm
    • 10 Awkward Questions
  • Contact Us
Advice & Articles

Why You Need a Will and Enduring Power of Attorney (EPOA) Together: The Complete Estate Planning Solution

CONTACT US

If you’re like many Queenslanders, you might have a will—or at least know you should—but have you also prepared an Enduring Power of Attorney (EPA)?

A will is essential, but it only covers what happens after you pass away. What if something happens to you while you’re still alive, like a serious illness or accident and you can’t make decisions for yourself?

That’s where an EPOA comes in. Together, a will and an EPOA form a complete estate plan that protects you while you’re alive and ensures your wishes are respected after you’re gone.

 

What Does a Will Do?

A will is a legally binding document that:

  • Distributes your assets (home, bank accounts, superannuation, personal items, etc.) after your death,
  • Appoints guardians for your children,
  • Names executors to carry out your wishes,
  • Can include specific funeral instructions.

📌 Related: What Happens if You Die Without a Will in Queensland?

If you die without a valid will (known as “intestacy”), your estate will be divided according to Queensland intestacy laws—which may not reflect your personal wishes or family needs.

 

What Is an Enduring Power of Attorney (EPOA)?

An Enduring Power of Attorney lets you choose someone to make decisions on your behalf if you’re ever unable to do so.

There are two types in Queensland:

  • Financial EPA – covers things like paying bills, managing your business, or selling property.
  • Personal & Health EPA – for decisions about medical treatment, aged care, or daily living arrangements.

❗ Without an EPOA, your family may have to apply to the Queensland Civil and Administrative Tribunal (QCAT), a costly, time-consuming, and emotionally taxing process.

📌 Related:Understanding Estate Planning Essentials: Key Components for Securing Your Future

 

Why You Need Both: Complete Protection During Life and After Death

Many people mistakenly think a will is enough. Here’s why that’s not true:

A Will
An EPA
Works after death Works while you’re alive but incapacitated
Protects your estate Protects your daily life, finances, and health
Doesn’t help during a medical emergency Authorises trusted decision-making immediately

Together, they offer peace of mind, reduce family stress, and ensure decisions are made by people you trust—not strangers or courts.

 

Download Your Free Estate Planning Checklist for Queenslanders

Planning your will and Enduring Power of Attorney (EPOA) doesn’t have to be overwhelming. We’ve created a simple, easy-to-follow Estate Planning Checklist to help you protect what matters most—your family, your assets, and your future.

Covers the essentials:

  • Why you need a will
  • When to update it
  • What to include in an EPOA
  • Key tips to avoid common pitfalls

Free Download for All Queenslanders

 

What Happens If You Don’t Have an EPA?

Without an EPA in place:

  • Your loved ones may face delays and legal red tape during a crisis,
  • You may lose control over who manages your money or makes medical decisions,
  • Important bills or business operations may be delayed or missed,
  • Family members could end up in conflict or legal disputes.

 

We’ve written more on these common estate planning questions:

  • Estate Planning for Blended Families: Protecting Stepchildren
  • Choosing the Right Executor: 5 Things to Know
  • Estate Planning Essentials for Business Owners in Queensland
  • Legal Process After Death in Queensland: What to Do When a Loved One Dies

 

Speak With a Queensland Estate Planning Lawyer Today

At Bennett Carroll Solicitors, we help individuals and families across Brisbane, Ipswich, the Gold Coast, and Sunshine Coast prepare complete, customised estate plans including wills, EPOAs, and advance health directives.

We’ve been doing this for 50+ years, and we know how to make it easy, clear, and stress-free especially if you’re juggling kids, work, or aging parents.

✅ We act electronically across Queensland
✅ Fixed fees available for wills and EPAs
✅ Offices in Brisbane North (Stafford), Brisbane South (Upper Mount Gravatt), Ipswich, Gold Coast (Mermaid Beach) and Sunshine Coast (Kawana)

 

Ready to Take Control of Your Future? Get started with a free initial discussion. Fill in the form below and we’ll be in touch. 📩 ENQUIRE NOW | ☎️ 1300 334 566

✅ Ready to plan your future? Download your free Queensland Estate Planning Checklist »

Why You Need a Will and Enduring Power of Attorney (EPOA) Together: The Complete Estate Planning Solution

 

Why You Need a Will and Enduring Power of Attorney (EPOA) Together: The Complete Estate Planning Solution

 

 

Related Articles

Advantages of Testamentary Trusts- Will & Estate Legal Advice

Open AI vs Lawyer (Legal Q&A) -

How to make a will & What happens when you’re left out of a will? Open AI Bot vs Real Lawyer (Legal Q&A)

Navigating Executor Misconduct and Estate Disputes: Your Legal Rights in Queensland

Can an Executor Sell Real Estate Without Beneficiaries’ Consent? Understanding Estate Law in Australia

Person signing an Enduring Power of Attorney document with support from a trusted advisor, representing future legal and health planning in Queensland in Brisbane, Gold Coast, Sunshine Coast

Enduring Power of Attorney in Queensland: The Crucial Document Most People Overlook in their Estate Plan

Dangers of DIY Will kits & Free Will services

Why Free Will Kits in QLD Are Risky: Avoid DIY Wills and Protect Your Estate

PrevPreviousWhat Happens to Your Business If You Die Without a Will in Queensland?
NextEssential Business Compliance Dates Every Queensland Business Owner Should KnowNext

This information is provided for general informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer for advice regarding your specific situation.

Where to Find Us – Bennett Carroll Solicitors Locations
BRISBANE NORTH -
STAFFORD
269 Stafford Road, Stafford,
Brisbane Queensland
4053



Directions: Located just off Gympie Road, near Stafford City Shopping Centre.
BRISBANE SOUTH -
UPPER MOUNT GRAVATT
33 Sanders Street, Upper Mount Gravatt, Brisbane Queensland
4122



Directions: Located just off Mount Gravatt Capalaba Road, a short drive from Westfield Mount Gravatt Shopping Centre.
SUNSHINE COAST -
BIRTINYA
Suite 13, 1 Capital Place, Birtinya, Sunshine Coast Queensland
4575



Directions: Located on the corner of Capital Place & Innovation Parkway, next to Lake Kawana at Birtinya.
GOLD COAST-
MERMAID BEACH
Suite 5, 2484 Gold Coast Highway, Mermaid Beach, Gold Coast Queensland
4218



Directions: Located on the Gold Coast Highway, just minutes from Pacific Fair Shopping Centre.
BRISBANE CENTRAL -
BY APPOINTMENT ONLY
80 Ann Street,
Brisbane City Queensland
4000



Appointments:
Contact us to arrange a meeting at our Brisbane City office.
IPSWICH CENTRAL -
BY APPOINTMENT ONLY
Level 3, 16 East Street, Ipswich Queensland
4305




Appointments:
Contact us to arrange a meeting at our Ipswich office.

Bennett Carroll Solicitors is a full-service Queensland law firm with offices in Brisbane, Ipswich, the Sunshine Coast, and the Gold Coast.
We provide legal advice across a wide range of areas, serving clients all over Queensland.
Most matters can be handled remotely via phone, email, or video conference, so wherever you are, we’re here to help.
We offer expert legal advice across a full range of areas including family law, commercial law, wills & estates, litigation, conveyancing and more.

Contact us today, we are your Legal Problem Solvers.

Live Chat: Available on the corner of this page
Or send us a message anytime via our [Contact Page]

  • 1300 334 566
  • info@bcglaw.com.au
  • Facebook
  • Youtube
Copyright 2025 © Bennett Carroll. All rights reserved.