Find Lawyers in Brisbane, Australia for Trusts and Estates
Greg leads HopgoodGanim Lawyers’ Estate Planning practice and offers more than 25 years’ experience in estate planning, administration and litigation. Greg’s practice includes drafting Wills and memoranda of directions, from the most simple to the very complex; drafting powers of attorney and estate plans; and in the unfortunate incidence of an estate dispute, advising on the most effective dispute resolution strategy. He also has a comprehensive understanding of Elder Law a...
Kelly is the founder and Principal of Nurture Law a wills and estates law firm. Kelly is a caring Wills and Estate Lawyers, helping clients avoid and resolve estate disputes so they can focus on what matters most. Estate disputes can be messy, complex and emotional. Losing a loved one is difficult enough let alone having to engage estate lawyers and be involved in an estate claim or contesting a will. Kelly helps clients through the legal process with compassion and makes sure they understand...
Laura is a Special Counsel in the firm's Disputes Resolution & Litigation team, specialising in the areas of family business succession, estate planning and superannuation. She has over 16 years’ experience working with private clients and family businesses in crafting and executing succession plans. Laura’s key focus is to understand each individual or families motivation for their succession planning and tailor an appropriate plan for the individual or family. Her areas of e...
Zinta is the owner of Resolve Estate Law, a Brisbane-based boutique law firm specialising in contested estates and complex estate administrations. She is the only dual-accredited specialist in succession law and business law in Queensland, and the only specialist of this kind in Australia who is also a nationally accredited mediator and an accredited collaborative practitioner. Over the last 25 years in practice, Zinta has helped steer dozens of complex and bitter estate battles to resolution...
Michael leads our Wills & Estates team. He assists clients with their estate planning; from individuals with simple affairs to high net wealth clients with complex business structures and blended families. Clients appreciate Michael's practical advice in estate planning matters, business structuring, trusts, asset protection, family disputes and other general advice. Michael is often called on to resolve complex estate litigation matters involving contested Wills. This includes regular ap...
Hayley is a Succession Law Accredited Specialist (Qld) and a special counsel in the commercial team at Cooper Grace Ward. Hayley practices in estate and trust disputes, estate planning, and estate administration. Hayley has experience in providing a broad range of advice involving executor’s duties, beneficiaries’ rights, problematic and contentious estate administration, and matters involving attorneys, administrators and guardians. Her particular areas of interest are family pro...
Trusts and Estates Definition
The ‘trusts and estates' practice area is a broad one.
At its foundation, the classification focuses on the ‘two life certainties' – death and taxes. In particular, trusts require a deep understanding of the taxation system, while estate planning is centred around wills.
Due to the breadth of potential areas, many lawyers in this area will have particular niche specialisations. Generally, the lawyers profiled will also work collaboratively with other advisers in the clients’ network, for example, accountants, financial planners, risk advisers, financiers, and, increasingly, other lawyers who do not have deep specialisation in this area.
Lawyers working in this area will generally have some experience, if not deep specialisation, in a range of specific areas, including:
- trust administration;
- trustee duties;
- trust interpretation;
- tax planning generally, particularly capital gains tax;
- superannuation, particularly in relation to the payment of death benefits;
- asset protection;
- all forms of inter vivos and testamentary trusts;
- administration of deceased estates;
- winding up of trusts; and
- succession planning, including business succession.
Unlike many comparative areas, lawyers in this area will need to have experience, both in relation to state based legislation (each state has its own rules in relation to trusts and succession) as well as federal legislation (there is commonwealth legislation in relation to taxation, superannuation, and bankruptcy for example).
The range of specific legal documents prepared by lawyers working in this area is extensive. Some examples include:
wills (including testamentary trusts);
- inter vivos trusts (including special purpose trusts across a myriad of areas including disability trusts, generation skipping trusts and lineal descendant trusts);
- powers of attorney, enduring guardianship, and health directive documentation;
- probate and letters of administration;
- various entities, other than trusts such as superannuation funds, companies, foundations, and partnerships;
- business succession agreements;
- family constitutions;
- loan agreements;
- variations to trusts including the extension of vesting dates, winding up of trusts, trust splitting, and trust cloning;
- superannuation death benefit nominations (including binding nominations); and
- revenue related advice in relation to the above areas (including general tax, capital gains tax, and stamp duty).
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