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.
