Today I want to share a real-life story that shows just how important estate planning really is.

Let’s talk about Michael.

Michael was a 68-year-old retired engineer living in Brisbane. He had two adult children from his first marriage and had been in a de facto relationship with his partner, Linda, for over 15 years.

He owned a mortgage-free home, a large super balance, and several investments in his personal name.

But… Michael passed away unexpectedly—without a valid Will or any estate planning in place.

Here’s what went wrong:

1. No Will – Intestacy Issues

Because Michael didn’t have a Will, his estate was distributed according to Queensland’s intestacy laws.

That meant Linda received the first $150,000 and one-third of the remaining estate, and Michael’s children shared the rest.

Michael’s children felt they should have received more. The result?
A family dispute—and significant delays in distributing the estate.

2. No Binding Nomination for Super

Michael hadn’t made a valid binding death benefit nomination for his super.

So the trustee of the super fund had full discretion to decide who should get the money.
Both Linda and the children made claims.
This led to a lengthy and stressful decision-making process.

3. Tax on Super for Adult Children

Michael’s adult children were classed as non-tax dependants under superannuation rules.
So the benefit they received was taxed at up to 30% plus Medicare levy.

With proper planning, this tax could have been completely avoided.

4. No Enduring Power of Attorney or Advance Health Directive

Before Michael passed away, he suffered a stroke and lost capacity for a few months.
Linda had no legal authority to manage his finances or make decisions about his care.

She had to apply to the Queensland Civil and Administrative Tribunal—an added layer of stress during an already difficult time.

Proper estate planning ensures your wishes are followed—and your loved ones are protected.

Here are some of the key tools:

A Will

Your Will outlines how your estate assets—like property in your name, personal bank accounts, and belongings—should be distributed.

Without one, state laws decide. And in blended families, this often leads to unintended outcomes and disputes.

An Enduring Power of Attorney (EPOA)

This lets someone you trust make financial and medical decisions on your behalf if you lose capacity.
It’s not just for the elderly—life is unpredictable.

Binding Death Benefit Nomination for Super

Super is a non-estate asset, which means it doesn’t automatically follow your Will.

If you don’t make a valid binding nomination, the trustee decides who receives it.
Making a binding nomination ensures your super is paid directly to the person you choose—and avoids unnecessary delays or disputes.

Proper estate planning isn’t just about writing a Will—it’s about understanding what your Will actually controls, and what it doesn’t.

Let me break this down:

Estate assets are assets that pass through your Will. Your Will decides who receives these.

They typically include:

• Bank accounts in your name
• Shares held personally
• Personal belongings

Your executor manages these assets according to your Will.

Non-estate assets don’t pass through your Will—even if you mention them in it.

They include:

• Superannuation
• Pension accounts
• Life insurance with a named beneficiary
• Assets held in trusts or companies
• Jointly owned property, which passes automatically to the surviving owner

These assets are distributed outside your Will, based on how they’re structured or who’s nominated.

And if you’re in a blended family like Michael and Linda, this becomes even more important.

Blended families bring more complexity—and unfortunately, a higher chance of conflict.

That’s why it can be smart to structure more of your wealth in non-estate assets like super, trusts, or insurance with a nominated beneficiary.
These are harder to challenge—and are usually paid out faster.

And one last tip—review your Will and nominations regularly, especially after major life events like divorce, remarriage, or having children.

Estate planning isn’t just about legal documents.

It’s about peace of mind.
It’s about protecting the people you love.
And it’s about how you want to be remembered.