Getting Your Affairs in Order: The Essential Estate Planning Guide - Craigieburn Lawyers

Planning for the future is something many people put off. It feels confronting, even unnecessary until it is too late. But the truth is, getting your affairs in order is one of the most important things you can do for your family, your assets, and your own peace of mind.

At Craigieburn Lawyers, we regularly help clients across Craigieburn, Donnybrook, Mickleham and surrounding suburbs take control of their future through proper estate planning. Whether you are just starting out, have young children, are approaching retirement, or simply want to ensure your wishes are respected - this guide will help you understand what is involved, and why local legal advice is so important.

What Does ‘Getting Your Affairs in Order’ Really Mean?

“Getting your affairs in order” is not just about writing a Will. It involves preparing a legal and practical roadmap for your loved ones in the event of your death or incapacity. A good estate plan answers questions like:

• Who will make decisions for you if you cannot?

• Who will inherit your assets?

• Who will care for your children if something happens to you?

• How can you minimise conflict and confusion for your family?

Estate planning is about taking responsibility now, to protect the people you care about later.

The Core Estate Planning Documents

A complete estate plan involves several key legal documents. Each serves a different purpose and together they form a comprehensive protection framework.

1. Your Will

A Will is the cornerstone of any estate plan. It sets out how your assets will be distributed after your death and allows you to:

• Appoint an executor to carry out your wishes

• Name your beneficiaries - the people or organisations you wish to inherit your assets

• Provide for minor children, including nominating guardians

• Leave specific gifts, including property, money or sentimental items

Without a valid Will, you are said to die “intestate” – meaning your assets will be distributed according to a set legal formula that may not reflect your wishes. Worse still, it can lead to costly delays, family disputes, and uncertainty.

At Craigieburn Lawyers, we prepare Wills that are legally robust, tailored to your circumstances, and structured to reduce the risk of disputes down the line.

2. Enduring Power of Attorney

An Enduring Power of Attorney (EPA) is just as important as a Will  but it operates while you are still alive.

It allows you to appoint someone to make decisions on your behalf if you become incapacitated (for example, due to illness, accident, or cognitive decline). These decisions can include:

• Paying bills and managing bank accounts

• Selling or dealing with property

• Making decisions about accommodation and day-to-day personal matters

In Victoria, you can appoint one or more attorneys to make decisions about financial and/or personal matters. You can also specify when the EPA begins and what powers are included.

This document is vital - particularly for ageing individuals, those with high-value assets, or anyone who wants peace of mind about who will step in if needed.

3. Medical Treatment Decision Maker

Separate to the EPA is your Medical Treatment Decision Maker (MTDM) – the person legally authorised to make medical decisions on your behalf if you cannot do so yourself.

This might involve:

• Consent to or refusal of surgery

• End-of-life decisions

• Treatment plans for serious illness or injury

You can also prepare an Advance Care Directive, which outlines your preferences for medical treatment, pain relief, and quality of life. These documents give your family clear guidance and reduce stress in times of crisis.

Our team at Craigieburn Lawyers ensures your documents are properly drafted and compliant with Victorian legislation, including the Medical Treatment Planning and Decisions Act 2016.

4. Guardianship for Minor Children

If you have children under 18, your Will should clearly name who you would want to care for them in the event of your death. This is known as nominating a guardian.

While the final decision rests with the Family Court, your wishes carry significant weight  particularly when clearly documented and explained. We also recommend discussing your choice of guardian with that person in advance, and ensuring they are prepared for the responsibility.

Common Traps and Mistakes to Avoid

Many people fall into the trap of thinking they can prepare a Will or Power of Attorney using online templates or DIY kits. In reality, these documents can be invalid, unclear, or completely unsuitable.

Other common mistakes include:

• Not updating your Will after key life events (marriage, divorce, birth of a child, purchasing a home)

• Failing to nominate a binding beneficiary on superannuation funds

• Choosing an executor or attorney who is not trustworthy or capable

• Leaving out important assets, or failing to deal with business interests or trusts

• Not discussing your wishes with family or key decision-makers

When estate planning goes wrong, it is usually the surviving family who bears the cost – emotionally and financially.

Why Local Legal Advice Matters

Estate planning is not one-size-fits-all. Your assets, relationships, and long-term wishes are unique and your legal documents should reflect that.

At Craigieburn Lawyers, we bring a personal and strategic approach to estate planning. We take the time to understand your situation, explain your options clearly, and draft documents that are legally effective under Victorian law. We also work closely with financial planners, accountants, and medical professionals where necessary.

If you live in Craigieburn, Mickleham, Roxburgh Park, Epping or Greenvale, we are your local legal partner for all Wills and estate matters. We know the community, and we know how to deliver results that protect families.

Final Thoughts - It Is Never Too Early

Estate planning is not just for the wealthy or elderly. It is for anyone who wants certainty about their future, and security for their loved ones.

Whether you are starting your first Will, updating an existing plan, or need urgent advice due to illness or family change – Craigieburn Lawyers can help.

·          Clear legal documents

·         Strategic planning tailored to your needs

·         A compassionate and professional team

·         Peace of mind for you and your family

 Book your initial consultation today with our experienced estate planning lawyer in Craigieburn. Let us help you get your affairs in order - properly.