You often meet residents at a time when getting their financial and legal affairs in order is critical, so we’ve prepared this article as a pathway to help, or simply a conversation starter, as having a will matters for all of us.
When it comes to reviewing super, investments and tax, one document is routinely left off the checklist: a valid, professionally prepared will. There are now more ways than ever to put one in place, and for older Australians the real question is not whether to have a will, but which approach best suits their situation.
Aged care professionals are often the first to notice when a resident’s affairs need attention, and conversations about care and end-of-life planning naturally open the door to estate planning.
Encouraging residents to seek professional will preparation, especially while financial matters are front of mind, helps protect their wellbeing and their families. State Trustees welcomes referrals from aged care professionals and can work with residents at a pace that suits them, including in residential care.
When it comes to preparing a will, most people are choosing between two paths: an online will prepared independently, or a professionally guided will prepared with the support of a specialist.
Both are legitimate options. Online wills can work well for people with straightforward circumstances, a clear picture of their assets, and the confidence to work through the process on their own. They are accessible, affordable, and for some people, exactly what is needed.
But for many older Australians, particularly those with property, superannuation, blended families, or assets built up over a lifetime, the in-person option offers something the online process cannot: the ability to ask questions, have their specific situation assessed, and receive guidance from someone experienced in the area of wills.
Here are some of the situations where professional support makes a meaningful 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 significant financial assistance from their parent during the parent’s lifetime? A professional will writer can help translate intentions into language that leaves no room for misinterpretation.
When assets are more complex than they appear. Many people do not realise that certain assets are generally not covered by a will. Superannuation, for example, does not automatically form part of their estate. It is governed by a separate binding death benefit nomination with your residents’ super fund. The same applies to jointly held property, trust assets, and company-held property. And 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 ensure nothing falls through the cracks.
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, ensuring 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 embedded procedures that a professional will ensure are met, giving peace of mind that there will be no issues related to execution and witnessing later. A professional will writer ensures everything is executed correctly from the outset.
When contingency planning matters. What happens if a beneficiary dies before the testator? What if two people named as beneficiaries in the will die close together? Proper substitution clauses and contingency planning are the kind of detail that is easy to overlook independently, and that a professional will writer will raise as a matter of course.
The period following a loved one’s death is already one of the most difficult any 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 your assets, and for the people you love.
There is no need to wait for a milestone or a scare. Whenever finances are reviewed is the ideal moment to ask: does my will still reflect my 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 is encouraging Victorians to treat will preparation as a standing item on their financial checklist. If guidance from a professional is an important factor, State Trustees’ professional will writers have years of experience to provide peace of mind.
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 what that experience consistently reveals is that the people best protected are those who sought professional guidance before they needed it. Our will-writing professionals do far more than fill in a template.
A professional consultation with State Trustees will cover:
The result is a document that not only reflects your residents’ wishes, but can withstand scrutiny, providing their family with clarity and security at a time when they need it most.
A will is only part of the picture. It takes effect after death, but it says nothing about who can make decisions on your residents’ 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 your residents 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, particularly those 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 a conversation well worth having at the same time as a will, and it is directly connected to the discount available below.
Whatever path someone 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 obtain their guidance is well worth it.
Make the right call today. A professionally prepared will from State Trustees gives you peace of mind.
Residents’ receive 20% off their documents drafted by State Trustees when they:
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.
📧 wills@statetrustees.com.au 📞 1300 138 672 🌐 www.statetrustees.com.au
