As estate planning terminology can be confusing, here’s a glossary of some common phrases to help you. 

The law relating to estate planning is different in each state and territory across Australia. This means that the names of some legal documents, roles and decisions which can be made by the people you nominate, will vary. 

For example, in NSW you can only have a power of attorney which is just financial, whereas in QLD it can be financial and medical. It just depends on where you live and which state and territory laws apply.

Remember, if you need help at any time, you can make an appointment with one of our estate planning lawyers or contact us for more general help.

Estate planning glossary

Will

A legal document that sets out who you want to manage your estate and who you want to leave your assets to when you die. 

Executor

Who you appoint in your will to manage your estate when you die.  

Trustee

Who you appoint in your will to hold and distribute ‘property’ on behalf of someone else, such as a beneficiary, in accordance with your will. 

Testamentary
Guardian 

Who you appoint in your will to look after any minor children.  

Beneficiary

Who you nominate in your will to receive any of your assets.

Power
of attorney 

A legal document that sets out who you want to manage and make decisions about your financial affairs (and in some states and territories, medical affairs), while you’re alive. 

General
power of attorney 

A power of attorney that only has effect while you have capacity to manage your affairs for yourself.

Enduring
power of attorney 

A power of attorney that has effect if you lose capacity to manage your affairs yourself.

Attorney 

Who you appoint in your power of attorney to manage your financial (and in some states and territories, medical) affairs while you are alive. 

Medical/health care directive 

A legal document that sets out who you want to make decisions about your personal, lifestyle and health affairs while you are alive and if you lose capacity to make them for yourself. 

Medical
treatment decision maker/Guardian 

Who you appoint in your medical/health care directive to make your personal, lifestyle and health decisions while you are alive and if you lose capacity to make them for yourself. 

Advanced
health care directive

A document that sets out your specific wishes and directions about your medical and health care treatment.

Living will

Another term for a medical/health care directive and advanced
health care directive. 

To discuss how we can help with your estate planning needs, book an appointment with one of our friendly team.