Thank you
We have received your enquiry and will be in touch shortly to discuss how we can best guide you.
Close-button-icon
Oops! Something went wrong while submitting the form.
Wills and Estate Law

Succession planning lawyers in Ipswich and Brisbane

If you own a business, a trust, a self-managed fund or a farm, your will controls less of your estate than you think. Succession planning is the work of lining up the structures so what you have built actually reaches the people you intend.

Why a will is not enough on its own

A will only controls the assets you personally own.
Assets held in a company or a family trust are not yours to gift, because you do not own them, the entity does. What you control is the shares, the units, or the appointor role that decides who controls the trust, and those pass under different rules. Superannuation is held by a fund trustee and is paid at their discretion unless a valid binding death benefit nomination says otherwise.

Property held as joint tenants passes to the surviving owner by survivorship, outside the estate entirely. Life insurance may be inside or outside the estate depending on how it is owned. For a business owner, the will is often the smallest lever available. Succession planning is the work of finding the other levers and pulling them in the same direction.

What a plan usually involves

Documents that agree with each other, reviewed as things change.
For a business with more than one owner, the centrepiece is usually a shareholders or partnership agreement containing buy-sell provisions: what happens on death, disability or a falling out, how the exiting owner's interest is valued, and where the money comes from, which is often insurance held for exactly that purpose.

Around it sit the constitution or trust deed, the succession of trustee and appointor roles, binding death benefit nominations for super, and a will and enduring power of attorney that do not contradict any of it. For a family business there is usually a harder conversation as well, about the child who works in the business and the ones who do not, and how to be fair without being equal. We will help you have it, and then document what you decide.

Looking for a different estates service?

Estate work has two halves, the planning you do now and the administration someone does later, and both touch property and family law. The pages below cover the rest of what we do. If you are not sure which you need, call 0483 980 001 and we will tell you.

OUR ACCREDITED NETWORK

Held to the standards the profession sets, not just our own.

Every Stanford Legal matter is guided by the professional bodies that set the standard for practice in Queensland, so you always know you're in trusted hands.
Why Stanford Legal

One set of documents that agree with each other

Most succession problems we see are not caused by a missing document. They are caused by four documents drafted at different times by different people that now say different things. We review the whole set together and tell you where they conflict.
6K+
Matters Resolved
4.3K+
Aussie Families Assisted
2.2K+
Homes Settled
5 Stars
On Google Reviews
TESTIMONIALS

Trusted by families across South East Queensland

Business owners and families across South East Queensland have used us to make sure what they built lands where they intended.
"I simply can’t thank and commend Richie, Steven, Renata and the whole team at Stanford Financial enough for making my mortgage refinance as smooth as humanly possible."
Dan
Stanford Financial Client
"We are so Blessed with our new Home. Thanks to Stanford Legal, Laura was a joy to communicate with anytime we needed to enquire. Quick, reliable and very Trustworthy."
Katrina Emberson
Stanford Legal Client
"We are beyond grateful for Richie and the team at Stanford! 🙌🏻 Through every hurdle and challenge, they went exceptionally far to help get our application through."
Khirsten Mamangun
Stanford Financial Client
"One thing I always love and look for when choosing people to guide me is how much time and presence they give. They treated us like we were the only client they had."
Dragica Radosavljevic
Stanford Legal Client
"All the team at Stanford were good to deal with. If you're a Veteran struggling to get a loan approved because you're on Incaps, or Super, speak to them."
Stewart S
Stanford Financial Client
"This is the second time we’ve used stanford financial, and once again the experience was outstanding."
Blake Whitehead
Stanford Financial Client
"Phenomenal service. Thank you to the Stanford Legal team for all your help & guidance."
Bryony Winsor
Stanford Legal Client
"I can’t recommend Stanford legal enough. All 3 property sales have been seamless, professional and efficient. The team are amazing and will look after you."
Christie Johnston
Stanford Legal Client
"The team at Stanford Financial are brilliant! I was referred to them by a friend and dealing with them has been a fantastic experience."
Andrew Bell
Stanford Financial Client
"I honestly can't thank the team enough at Stanford Financial, especially Richie and Mitch! They both went above and beyond to get my finance sorted, and they did it all within 24 hours!"
Jamie Harris
Stanfor Financial Client
QUESTIONS

Frequently asked questions

Can't find the answer you're after?
When should I start succession planning?
Earlier than feels necessary. The useful trigger points are taking on a business partner, buying premises, setting up a trust or a self-managed fund, a child joining the business, or an owner turning an age where retirement is real. Plans made calmly are cheaper and better than plans made after a diagnosis or a death.
What is a buy-sell agreement?
An agreement between business owners setting out what happens to an owner's interest if they die, become permanently disabled or want out. It fixes the valuation method in advance, obliges the remaining owners to buy and the exiting owner or their estate to sell, and is usually funded by insurance so the money is there when it is needed. Without one, the surviving owners can find themselves in business with a grieving spouse who wants to be paid out.
Does succession planning reduce tax?
It can affect the tax outcome, sometimes substantially, particularly through testamentary trusts, the timing of asset transfers and the small business capital gains tax concessions. We work with your accountant on that rather than around them, and we will say plainly when a structure is being driven by tax rather than by what you actually want to happen.
How often should the plan be reviewed?
Every few years, and whenever something structural changes: a new owner, a new entity, a divorce, a significant purchase or sale, or a change in the law. A plan that has not been looked at in a decade is usually a plan that no longer works.

We're here to help you.

Get in touch with us to help guide you through your legal challenges.