Relocating to a new state or territory in Australia is a significant life event, and it’s also a good time to review your estate planning documents. While you may not always need to update your Will or Enduring Power of Attorney (EPA) or Enduring Guardian (EG), there are important considerations to keep in mind.
1. Do You Need to Update Your Will or EPA/EG After Moving?
Generally, no if:
- You do not wish to change the substance of your documents (e.g., beneficiaries, executors, attorneys).
- Your existing documents comply with the laws of your new state or territory.
However, estate planning laws vary between jurisdictions, and what is valid in one state may not be fully recognised or enforceable in another. For example:
- Witnessing requirements for Wills and EPAs may differ.
- Registration requirements for EPAs vary—some states require registration for certain powers to be valid (e.g., dealing with real estate).
- Terminology and roles (e.g., Enduring Guardian vs Medical Power of Attorney) may differ between states.
2. Why You Should Still Review Your Documents
Even if your documents remain legally valid, it’s wise to have them reviewed by a solicitor in your new state. Here’s why:
- Local compliance: Ensures your documents meet the specific legal requirements of your new jurisdiction.
- Practical enforceability: Local institutions (banks, hospitals, land registries) may be more familiar with documents drafted under local law.
- Updated preferences: A move often coincides with other life changes—new relationships, property purchases, or changes in health—that may warrant updates.
3. What Should You Review Specifically?
- Your Will: Check that your executor is still appropriate and that your asset distribution reflects your current wishes and circumstances.
- Enduring Power of Attorney: Confirm that your appointed attorney is still suitable and that the document complies with local laws, especially if it involves property transactions.
- Enduring Guardian / Advance Care Directive: Ensure your healthcare preferences are clearly documented and recognised in your new state.
4. When You Must Update
You must update your documents if:
- You want to change your beneficiaries, executor, or attorney.
- Your previous documents were created under laws that are not recognised in your new state.
- Your relationship status has changed (e.g., marriage, divorce, separation).
- You’ve acquired or disposed of significant assets.
5. Final Tip: Keep Copies Accessible
Once reviewed or updated:
- Keep original documents in a safe place.
- Provide copies to your executor, attorney, or guardian.
- Inform your family or trusted contacts where the documents are stored.
While moving interstate doesn’t automatically invalidate your Will, Enduring Power of Attorney or Enduring Guardian, it’s a smart move to have them reviewed by an Estates expert here at Terracon Legal. This ensures your wishes are respected and your documents are enforceable when it matters most.