Most parents spend a lot of time thinking about how to protect their children—we ensure they have a safe home, a good education, and the best opportunities in life. But what about protecting them legally and financially if something were to happen to you?

The truth is, life is unpredictable. And while no one likes to think about worst-case scenarios, the best way to ensure your children are taken care of is to have a ‘Just in Case’ file.

This isn’t just about a will—it’s about making sure your family knows exactly what to do, where to find important documents, and how to access what they need during an already overwhelming time.

So, what should go in your ‘Just in Case’ file’? Here are the six essential documents every parent should have in place.

1. A Legally Valid Will (Not Just Any Will—The Right One)

A will isn’t just for wealthy individuals. It is for anyone who wants a say in where their assets go and, more importantly, who will take care of their children.

Here’s why a will is critical for parents:

• Naming a Guardian: If something happens to you and the other parent, who will raise your children? Without a will, the court may decide, and their choice may not align with yours.

• Protecting Their Inheritance: If your children are under 18, they cannot directly inherit money or property. Instead, a court-appointed trustee will manage their funds, sometimes until they turn 18 or 21, which may not be ideal.

• Keeping Your Assets in the Right Hands: Without a will, intestacy laws apply, meaning your estate may be distributed in ways you did not intend, possibly benefiting people you would not have chosen.

The solution: A legally valid will with a testamentary trust ensures your children’s inheritance is protected and used wisely.

2. A Power of Attorney (Because Bills Don’t Stop If You Can’t Manage Them)

If you become seriously ill or incapacitated and cannot manage your finances, who will step in?

A Power of Attorney (POA) gives a trusted person the legal authority to manage your financial affairs while you are alive but unable to act.

This could include:

• Paying your mortgage, rent, or bills

• Accessing bank accounts if funds are needed for your children

• Managing investments or selling property if necessary

Without this document, your family may have to go through costly court applications just to handle everyday financial matters on your behalf.

The solution: Appoint a trusted person (or people) as your Power of Attorney to ensure your finances can be managed smoothly if you are unable to do so.

3. A Medical Decision-Making Document (Because Healthcare Choices Matter Too)

If you are unable to make medical decisions for yourself, who would you trust to do it for you?

Each Australian state has different legal documents for medical decision-making:

• Enduring Guardianship (NSW, ACT)

• Advance Care Directive (SA, VIC, WA, NT, TAS)

• Enduring Power of Attorney for Personal/Health Matters (QLD)

These documents allow someone you trust—not just hospital administrators or government bodies—to make critical choices about your:

• Medical treatment

• Life support or end-of-life care decisions

• Where you live if long-term care is needed

Without this, your loved ones might have no legal say in your treatment, or worse, family disagreements could lead to legal battles over your care.

The solution: Ensure you have the correct medical decision-making document for your state and appoint someone you trust.

4. A Superannuation & Life Insurance Nomination (Because These Assets Do Not Follow Your Will)

Many people assume their superannuation and life insurance will automatically be distributed according to their will. That is not the case.

Superannuation is held in trust and is not covered by a standard will. The trustee of the super fund decides where the money goes unless you have made a binding death benefit nomination (BDBN).

This means:

• If you do not have a valid nomination, the fund may take months—or even years—to determine where the money goes.

• If you have separated but not updated your nomination, your former spouse could still receive your super.

• Your children may not receive it in the way you intended.

The solution: Update your super and life insurance nominations to ensure your children or chosen beneficiaries receive the funds directly and without unnecessary delays. You should talk to a lawyer about whether this should be directed into your estate to be covered by the terms of your will or not as there is strategy involved in both options.

5. A Letter of Wishes (Because the ‘Human’ Side of Estate Planning Matters Too)

A will is a legal document, but it does not explain your personal wishes, values, or instructions for your children.

A Letter of Wishes is an informal document that can include:

• Guidance for Guardians: What kind of upbringing do you want for your children? What values, religious beliefs, or education preferences matter to you?

• Instructions for Trustees: If you have set up a trust for your children, how do you want the money to be used? Education? Housing? Travel?

• Special Bequests: Family heirlooms, sentimental items, or personal messages for loved ones.

This is not legally binding, but it is a powerful way to give clarity and comfort to the people handling your affairs.

The solution: Write a Letter of Wishes to go with your will, explaining what matters most to you.

6. A Life & Legacy Planner (Because Digital Assets and Passwords Matter Too)

Today, a large part of our lives exists online. Yet, very few people consider what happens to their digital assets when they pass away.

At Family First Estate Planning, we include a Life & Legacy Planner with our estate planning packages. This document ensures that your loved ones can easily access important information, including:

• Passwords for bank accounts, subscriptions, and cloud storage

• Cryptocurrency keys and digital wallets

• Social media accounts and email logins

• Details of insurance policies, investments, and other critical financial records

Without this information, families often struggle to access essential accounts, and assets may even be lost entirely.

The solution: Secure a Life & Legacy Planner as part of your estate plan to ensure nothing gets lost in the digital void.

How to Get Your ‘Just in Case’ File Sorted (Without the Overwhelm)

Now, you might be thinking, this sounds important, but where do I even start?

That is where we come in.

At Family First Estate Planning, we make the process:

• Simple – No confusing legal jargon, just practical solutions.

• Convenient – Book a free chat and meet with us over Zoom.

• Fast – Your documents are professionally drafted and delivered digitally, ready to sign.

Do not wait until it is too late—take control of your future today. You can book online here.

📲 Book your free consultation now

Final Thoughts

We spend so much time protecting our children while we are here. But what about when we are not?

Having a ‘Just in Case’ file is not about being morbid—it is about making sure your family has everything they need to navigate life without unnecessary legal headaches.

So, if you do not have these documents in place, this is your sign to start now.

Need help? Let’s sort it out together.

Email: [email protected]

Phone: 0455 123 060