Can an Interstate Child Be My Queensland Attorney or Executor?

Can an interstate child be my Queensland attorney or executor?

Usually, yes. An adult child who lives in another state can generally be appointed as an attorney in a Queensland enduring power of attorney and named as executor in a Queensland will. However, the documents must be properly prepared and executed, and distance can create practical issues when the roles need to be performed.

What is the difference between an attorney and an executor?

An attorney acts during your lifetime, within the authority granted by an enduring power of attorney. Depending on the appointment, this may include financial matters, personal matters or both.

An executor administers your estate after death. Their work can include applying for probate where necessary, collecting assets, paying liabilities, dealing with tax matters and distributing the estate under the will.

Does an enduring power of attorney need to be registered?

Not generally. Queensland guidance explains that an enduring power of attorney does not need to be recorded or registered to have effect. However, registration is required if an attorney needs to deal with land in Queensland on the principal’s behalf.¹

Does the attorney have to live in Queensland?

There is no general requirement that the attorney live in Queensland. The important questions are whether they are trustworthy, willing, capable and available to act, and whether practical arrangements are in place for identity checks, documents, banking and emergencies.

Does the executor need to agree when I make my will?

A will can name an executor without obtaining the executor’s formal consent as part of the will-making process. In practice, ask the person first. Name at least one substitute executor in case the first choice dies, loses capacity, is unwilling to act or is unable to act.

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