Succession, Estate Planning & Administration

Brisbane estate planning lawyers for business owners, property holders and the families who rely on them.

You have spent years building a business, a property portfolio or both. A will downloaded from the internet will not deal with your company shares, your family trust, your self managed super fund or the commercial property your business operates from. Those assets need a plan that is built around how you actually hold them.

At Ardor Legal, our succession and estate planning lawyers in Brisbane work with business owners and property investors to put that plan in place. We also guide executors through the administration of an estate, from the first steps after a death through to final distribution.

Our Estate & Planning Services

Who We Help

Our succession and estate work is designed for people whose affairs go beyond a house and a bank account.

Business owners who hold their business through a company or trust and want it to continue, be sold or pass to family on their terms.
Business partners and co owners who need certainty about what happens to a share of the business if one owner dies or loses capacity.
Property investors and developers with residential or commercial property held personally, through a trust or within a self managed super fund.
Blended families who want to provide for a current partner while protecting assets for children from an earlier relationship.
Parents planning ahead who want to protect what they leave from future relationship breakdowns, creditors or claims.
Executors and family members who have been left to administer an estate and want clear guidance on what to do next.

Estate planning for business owners and property holders

A good estate plan starts with a clear picture of what you own and how you own it. Assets held in a company, a family trust or a super fund generally do not pass under your will, so the plan needs to deal with each structure on its own terms. We map your assets first and then build the documents around them. Our estate planning services include:

Wills drafted around your assets, family and goals, including clear executor and guardian appointments.
Testamentary trust wills that can offer asset protection and flexibility for the people you leave behind.
Enduring powers of attorney so someone you trust can manage your financial and personal affairs if you lose capacity.
Advance health directives that record your wishes about future medical treatment.
Family trust succession including reviewing the trust deed and planning who will control the trust as appointor and trustee.
Self managed super fund succession including binding death benefit nominations and control of the fund after you are gone.
Company control including directorship, shareholding and constitution reviews so your business is not left without a decision maker.
Estate plan reviews after a marriage, separation, new child, business sale, property purchase or change in structure.

Where tax, valuation or financial planning advice is needed, we work alongside your accountant and financial adviser so the legal documents match the wider strategy.

Business succession planning

Your business is often your most valuable asset and the one most exposed if something unexpected happens. Business succession planning sets out who takes control, how an owner's interest is valued and transferred, and how the business keeps operating in the meantime. Because we act on business sales and purchases every week, we draft succession arrangements with a clear view of how they will work in practice. We can help with:

Buy sell agreements between business owners, setting out what happens on death, permanent disability or exit.
Shareholder and unit holder agreements that deal with transfer restrictions, valuation and control.
Planned handovers to family members, key staff or a management team.
Succession of business premises including commercial leases and property held in a related entity or super fund.
Exit planning where a sale to a third party is part of the long term plan.

If a sale or restructure is already on the table, speak to us before you sign a contract, heads of agreement, term sheet, letter of intent or confidentiality agreement that affects your business.

Estate administration and probate

Being named as an executor is a responsibility that comes at an already difficult time. An executor is personally responsible for collecting the assets, paying the debts and distributing the estate correctly. We take the legal work off your hands and explain each step so you know where things stand. We help executors and administrators with:

Reviewing the will and confirming who is entitled to the estate.
Considering whether a grant of probate or letters of administration is required, and applying to the Supreme Court of Queensland if it is.
Identifying and collecting estate assets, including bank accounts, shares and real property.
Transferring or selling estate property, including conveyancing.
Dealing with company shares, trust interests and business assets held by the deceased.
Holding estate funds in the Ardor Legal trust account where appropriate
Paying debts and expenses and coordinating final tax returns with the estate's accountant.
Managing the timing of distribution so the executor is protected against later claims.
Preparing estate accounts and distributing the estate to beneficiaries.

Flags to consider

A family member has said they intend to contest the will.
The deceased held a business, company or trust interest.
There is no will, or the original will cannot be found.
The estate includes property in another state or overseas.
Beneficiaries are in dispute or out of contact.

If any of these apply, speak to us early. Strict time limits apply to claims against an estate in Queensland, and distributing too soon can leave an executor personally exposed.

Why Ardor Legal

Commercial and property focus. Since 2012 our practice has centred on business sales, commercial leasing, property development and conveyancing. That experience shapes how we plan for business and property assets.
One firm for the whole picture. The same team that drafts your estate plan can act on the sale of your business, the transfer of a property or the administration of an estate.
Plans built around your structures. We look at your companies, trusts and super fund alongside your will, so nothing important falls outside the plan.
Clear communication. We explain your options in plain language and give you a staged fee estimate before any work begins.
Brisbane based, Queensland wide. We are located at Level 12, 145 Eagle Street, Brisbane and meet clients across Queensland via Teams.

How can we Help?

Contact Ardor Legal for practical legal advice today.

FAQ

Succession, Estates & Administration

Does my will cover my family trust and company?

Generally no. Assets owned by a family trust or a company do not form part of your personal estate, so your will cannot give them away directly. What your will can pass on are your shares in the company and some of your roles, and the trust deed decides who controls the trust after your death. A succession plan should deal with each structure separately.

What happens to my business if I die without a succession plan?

Without a plan, control of the business can stall while your executor obtains authority, and your co owners may be left negotiating with your family. Customers, staff and lenders can lose confidence during that period. A buy sell agreement and a review of your company’s constitution can set out in advance who takes control and how your interest is dealt with.

Does my self managed super fund pass under my will?

Not automatically. Super is held by the fund’s trustee and is paid according to the fund’s trust deed and any valid death benefit nomination. If you want your super to reach particular people, your nomination and the fund deed need to be reviewed alongside your will.

What is an enduring power of attorney in Queensland?

An enduring power of attorney is a document that lets a person you choose make financial and personal decisions for you, including if you lose capacity. For business owners it can be essential, because it allows someone you trust to keep things moving if you are unable to.

Do I always need probate to administer an estate in Queensland?

Not always. Whether a grant of probate is needed depends on the assets and how they were held, and on what banks, share registries and the land registry require before they release or transfer an asset. We can review the assets and tell you whether a grant is likely to be needed.

How long does someone have to contest a will in Queensland?

Under the Succession Act 1981 (Qld), an eligible person must give the executor written notice of an intended family provision claim within six months of the death and start court proceedings within nine months of the death. Executors who distribute an estate early, before these periods are clear, can expose themselves to personal risk.

When should I review my estate plan?

You should review your estate plan whenever there is a major change in your life or your business. That includes a marriage, separation or new child, buying or selling a business, buying property, changing your structures or the death of a person named in your plan.

Why Choose Ardor Legal?

Strategic Legal Advice

We provide tailored guidance aligned with your business goals. Whether you're purchasing your first business or scaling through acquisition, our advice is rooted in over a decade of experience. We craft strategies for informed decisions, driving your business forward. We offer clarity and direction, ensuring you achieve your commercial goals with confidence.

Risk Management

We proactively identify and mitigate legal, financial, and operational risks. Through thorough assessments, we safeguard your interests. Our strategic foresight protects your business from disruptions. We address potential pitfalls, ensuring your business is fortified against future uncertainties.

Negotiation & Structuring

We structure agreements that protect your interests. Our negotiators craft clauses reflecting your needs. We prioritise clear communication, keeping you informed. From negotiations to agreements, we provide unwavering support. We simplify complex negotiations, allowing you to focus on your business.

Comprehensive Due Diligence

We conduct thorough due diligence, uncovering risks and opportunities. We delve into financial, legal, and operational aspects. This ensures you have a complete picture of the target. We provide clear and detailed advice, empowering informed decisions. Proceed with confidence, knowing you have all the facts.

Commitment to Excellence

We provide the highest quality legal services, ensuring your satisfaction. We maintain professionalism and integrity. Our team is responsive and delivers exceptional results. We build long-term relationships based on trust and success, ensuring a positive experience.

Experienced Team

Our experienced team brings expertise to every transaction. We navigate complex sales and acquisitions. Our lawyers are strategic advisors, understanding commercial realities. We provide practical, solutions-oriented advice. Achieve your objectives efficiently and effectively.

Talk to us about your succession plan.

Whether you are putting a plan in place for the first time, reviewing an old will after a change in your business, or you have just been named as an executor, we can help you work out what is needed. Book a complimentary 15 minute discovery meeting via Teams with our team.

Succession, Estate Planning & Administration