---
title: "Can an Attorney or Administrator Access My Will in Queensland?"
url: https://nurturelaw.com.au/can-an-attorney-or-administrator-access-my-will-in-queensland/
type: post
date: 2026-05-12
modified: 2026-06-03
markdown_url: https://nurturelaw.com.au/can-an-attorney-or-administrator-access-my-will-in-queensland.md
author: "Kelly Gatehouse"
---

# Can an Attorney or Administrator Access My Will in Queensland?

When you appoint an attorney under an Enduring Power of Attorney - or if someone is appointed as your administrator by QCAT - you are giving them significant authority to manage aspects of your life.

A common question we are asked is:

*Can my attorney, administrator or guardian get a copy of my will while I’m still alive?*

The answer in Queensland is: **sometimes - but not automatically**

**Wills are confidential during your lifetime**

In Queensland, your will is a **private and confidential document** while you are alive.

Unlike after death (when a will may become public through probate), there is **no general right for anyone - including family members - to see your will** without your consent.

**Not all attorneys are the same**

There are different types of attorneys under an Enduring Power of Attorney—and this matters.

**🔹 Attorney for financial matters**

An attorney for **financial matters** can make decisions about:

 
- your property
 
- your finances
 
- your legal affairs


Because of this, they may be able to access your will—but only in limited circumstances.

**🔹 Attorney for personal / health matters**

An attorney for **personal and health matters** makes decisions about:

 
- where you live
 
- your care arrangements
 
- medical treatment


They do **not deal with your finances or legal affairs**.

For this reason, an attorney for personal/health matters will **generally not be entitled to access your will**.

**✔️ What if the same person is appointed for both?**

Often, the same person is appointed for both financial and personal matters.

In that case:

Any ability to access your will comes from their **financial authority - not their personal/health role**.

**It depends on the powers they have been given**

A critical point is often overlooked:

An attorney or administrator can only act within the **scope of the powers given to them**.

This means:

 
- not all attorneys have the same authority
 
- not all administrators have full control over all financial matters


Some appointments are **limited to specific tasks**.

**What if the power is limited?**

If an attorney or administrator has **limited powers**, this significantly affects whether they can access your will.

For example:

 
- An administrator appointed **only to sell a property**
 
- An attorney authorised **only to operate a bank account**
 
- An administrator appointed **for a specific court proceeding**


In these situations:

Access to the will will **usually not be appropriate**, because it is not needed for the task they have been appointed to perform.

**Attorneys and administrators: limited rights of access**

**Attorneys (financial matters)**

Under Queensland law, an attorney has a right to access information needed to perform their role.

This can override confidentiality - but only where access is **reasonably necessary to exercise their powers**

**Administrators (appointed by QCAT)**

An administrator has similar rights in relation to financial matters.

They may access documents (including a will) if it is **relevant and necessary** to managing your affairs

**Guardians**

Guardians deal with personal and health decisions only.

They will **generally not have any right to access your will**.

**When might access to a will be appropriate?**

Access may be appropriate where an attorney (financial) or administrator needs the will to:

 
- understand how assets are structured
 
- ensure financial decisions align with your broader estate plan
 
- avoid conflicts of interest
 
- deal with disputes or legal proceedings


Even then, access must be **justified - not assumed**.

**What if the document authorises it?**

Sometimes, an Enduring Power of Attorney will include an express clause allowing the attorney to access the will.

This can:

 
- provide clarity; and
 
- support disclosure where appropriate


However, even with this clause:

The attorney must still only use the information **for proper purposes and within the scope of their authority**.

**What if you still have capacity?**

If you still have decision-making capacity:

You remain in control.

You can decide:

 
- whether your will is shared; and
 
- with whom


An attorney cannot override your decision while you have capacity.

**Practical takeaway**

In Queensland:

 
- ❌ There is **no automatic right** to access a will
 
- ✔️ A **financial attorney or administrator may access it** if necessary
 
- ❌ A **personal/health attorney or guardian generally cannot**
 
- ❗ If powers are **limited**, access will usually **not be appropriate**
 
- ✔️ An EPA can **expressly authorise access**, which provides clarity


**How we can help**

At Nurture Law, we help clients:

 
- carefully structure Enduring Powers of Attorney
 
- decide whether their attorney should have access to their will
 
- balance privacy with practical administration needs


If you’re putting your estate plan in place or reviewing your documents, we can guide you on what’s right for your circumstances.