Can a power of attorney change or make a will?
No. An attorney cannot make or change a will. But they can support related estate planning decisions. Here's the limit.
No, an attorney under a power of attorney cannot make a will on your behalf, or change your existing will. Wills must be made personally by the testator. What an attorney can do is manage your financial affairs – but the will itself remains exclusively yours.
Why wills are personal
The power to make a will – testamentary capacity – is considered so personal that it can't be delegated. Even an attorney with otherwise unlimited authority can't decide how to dispose of your estate. This protects the testator from manipulation.
What an attorney can do
Manage assets during the testator's lifetime, including transactions that affect the estate's composition. Sign routine financial documents. Administer property. But not: sign a will, sign a codicil, change existing beneficiary nominations in ways that would effectively redirect inheritance.
Super nominations – a grey area
Superannuation binding death benefit nominations are technically not will-making but have similar effect. Most trust deeds require the member to nominate in person. An attorney generally can't make or change a super nomination on the member's behalf.
SACAT – court-authorised wills
In rare cases, SACAT can authorise a will for someone who has lost capacity (a ‘statutory will’), typically where the person had no will and distribution under intestacy would be clearly inappropriate. This is a court process, not an attorney power.
Plan ahead
The lesson: make your will while you have capacity, and keep it updated. Once capacity is lost, neither you nor your attorney can fix an out-of-date will. The time to act is now, while there are no rules preventing you.
Summary
No. An attorney cannot make or change a will. But they can support related estate planning decisions. Here's the limit.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our enduring power of attorney service, or book a consultation.
Related reading
Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.