**Post updated 25 October 2024.

Thank you to Defence Counsel Services, Joint Transition Authority and Defence Member and Family Support for their advice and input into this article. If you have any questions or concerns, the Defence Member and Family Helpline is available 24/7. You can contact them on 1800 624 608.

Having a will is essential and is the best way to ensure that the people you want will inherit what you own, and that your children will be cared for by the people you choose, after your death.

In this blog post, we will explain what a Will is, why it’s important for current serving ADF members to have one, and how they can have one prepared.

So, what exactly is a Will?

A Will is a legal document that takes effect when a person dies.

A Will usually sets out who receives your belongings, who looks after any children under 18 years, and who is responsible for seeing that your instructions are carried out.

A Will also names the person or people who are responsible for managing the implementation of the wishes expressed in a Will – these are known as the ‘Executors’.

Why is it important for an ADF member to have a Will?

If your ADF member passes away without a Will, it can result in their estate being distributed according to the laws of intestacy, which may not reflect the wishes of your ADF member.

If your ADF member is deploying, getting married or divorced, becoming a parent or has had a major change to finances, this is the ideal time to start preparing or updating a Will.

If your ADF member already has a Will prepared as a civilian when they join the ADF they can forward their Will on to Defence by contacting adf.wills@defence.gov.au.

Preparing and updating a Will

ADF members can have a simple Will prepared by Defence Counsel Services at no cost. The original copy of the finalised Will can be stored within Defence by the Joint Transition Authority (JTA).

Some ADF members may choose to make a Will through a civilian solicitor at their own cost; these can still be stored with JTA. If an ADF member has their Will stored with an external agency, they should notify JTA by submitting an AC567-2 form (available to ADF members on the Defence intranet).

If your ADF member wants to prepare or update a Will through Defence, they can contact Defence Counsel Services on 1800 563 563 or your.will@defence.gov.au to commence the process.

If your ADF member would like to bring a support person to their appointment, for example a partner or parent, check with Defence Counsel Services when making an appointment.

Recognised civilian ADF partners who wish to have a Will and a Power of Attorney will need to arrange this via a civilian lawyer or a public trustee.

Accessing your loved one’s Will

If you are the Executor of the Will, you will need to access an ADF member’s Will after they have passed away. Due to privacy laws and confidentiality obligations, a ADF member’s Will and/or information about its contents is provided only to a named Executor or to another person who is authorised to access the Will under the law or by order of a court.

To ensure the Next of Kin (NOK) or Executor know where to begin the process in the event of an ADF member’s passing, ADF members should inform their Executor/s of their appointment as Executor, and where their Will is stored.

If an ADF member’s Will is held by Defence, it will be forwarded to the Executor to assist with executing the member’s wishes. You can contact Defence Member and Family Support (DMFS) on 1800 624 608 for information on the process for returning Wills to the Executor/s.

Who’s got the Power (of Attorney)?

A Power of Attorney allows someone else to make a range of decisions for you.

While a Will only operates after your death, a Power of Attorney only operates while you are still alive.

At times partners or parents of current serving ADF members may be unable to contact their ADF member, particularly if the member is deployed overseas in an area that is not easily contactable.

Sometimes, legal or financial documents need to be signed and can’t wait until the ADF member returns. If you have a Power of Attorney in place, this means that you can sign documents on behalf of the Defence member.

Australian States and Territories have different laws about Powers of Attorney and similar documents. They also have different names, such as ‘enduring guardianship’, ‘advanced care directive’ or ‘advance personal plan’.

Some documents only allow financial and legal decisions, such as buying or selling property, operating bank accounts or filing a tax return. Others only apply to medical care, accommodation and personal support. Still others encompass both financial and health matters – it’s up to the ADF member and their NOK to determine what works best for them.

In some states, an ADF member can put in place a ‘Medical Power of Attorney’ that explains what should happen if the member becomes unwell and is unable to make decisions for themselves. In other States, this document is called an Advance Care Directive, or similar.

An ADF member may grant Power of Attorney to a partner or parent as NOK, or another person, authorising them to take action on things that have legal effect in the name of the ADF member. ADF members should only give Power of Attorney to someone they trust to act in their interests. ADF members can also specify limits on their Power of Attorney.

For ADF members who want to grant a Power of Attorney, most States and
Territories publish downloadable PDF forms on their government websites that ADF members can complete.  Some Power of Attorney documents need to be witnessed by a legal or medical practitioner or other authorised witnesses.

Defence Counsel Services can also assist ADF members in the preparation of a
Power of Attorney in specific circumstances, such as long-term service-specific
training, deployments and in exceptional circumstances (i.e. terminal illness).

The scope of a Power of Attorney for which Defence may assist is limited to residential property transactions. For further information or to make an appointment, your ADF member can contact Defence Counsel Services at your.will@defence.gov.au or by calling 1800 563 563.

For more information visit the below resources:

• Contact Defence Counsel Services at your.will@defence.gov.au or 1800 563 563.
• Watch the video ‘Have a Will’ by the ADF Financial Services Consumer Centre.
  

If this post has brought up strong emotions for you or caused distress, please reach out to the following support services:

• Defence Member and Family Helpline – 1800 624 608
• Open Arms Veterans and Families Counselling – 1800 011 046.