Estate Planning in Queensland: Protecting Your Legacy

Estate planning is essential to preserving your legacy and ensuring your loved ones are taken care of into the future. 

Good estate planning can also protect your assets from creditors and potential lawsuits.

What is estate planning?

Estate planning is intended to provide for your loved ones in the event of your death or disability, including incapacity, such as Alzheimer’s disease or other forms of dementia. 

The process accounts for all your assets and allocates them in a way that aligns with your vision. Furthermore, it ensures your debts are paid off after death to protect your assets from creditors.

Who needs estate planning? 

The answer is simple: anyone who wants to secure their assets in order to provide for their family into the future. 

Young and single, married with no children, or starting a family, it’s never too early for estate planning.

Joint estate planning for married couples requires careful consideration of each partner’s finances as well as their individual goals to allow for distribution of assets according to each person’s wishes.

A joint estate plan can include appointing guardians for children or other dependents who need caretaking. These plans can also provide for healthcare costs, setting up trusts for inheritance purposes, and much more.

Estate planning for Queensland business owners

If you’re a business owner, you’ll want to carefully consider your business assets. A will is crucial to direct the distribution of your assets, including your business.

The following points are relevant to business estate plans:

  • A revocable living trust (also known as an inter vivos trust) allows you to transfer ownership of your company without going through probate court. 
  • A buy-sell agreement can help ensure that your business stays in the hands of your chosen successor(s) and prevents disputes between beneficiaries or co-owners. 
  • A durable power of attorney allows you to designate someone to make decisions for your business if you become incapacitated. 

Estate planning, it’s important to note, is not a one-time event but rather an ongoing process. 

As your business evolves, your estate plan would need to be updated to reflect new circumstances.

Creating an Estate Plan

Creating an estate plan requires an understanding of its components: 

The Will

which specifies how you want your assets distributed after death 

The Trust

which allows you to retain control over your assets while still providing for beneficiaries 

Enduring Power of Attorney

which allows someone else to make financial decisions on your behalf if you become incapacitated or incompetent

Advance Health Directive

which specifies your medical treatment preferences if you are unable to make decisions for yourself

Other steps to estate planning in Queensland include:

1. Identifying your assets

Make a comprehensive list of your assets, including real estate, investments, bank accounts, personal property, and other valuables.

2. Identifying your beneficiaries

Determine who you want to receive your assets after your death.

3. Naming an executor

Choose someone you trust to handle the distribution of your assets after your death.

4. Creating a will

A will is a crucial component of any estate plan, as it allows you to specify how you want your assets distributed after your death.

5. Creating a trust

If you have significant assets or specific wishes for the distribution of your assets, creating a trust may be beneficial. A trust can also help to minimise tax liabilities and avoid probate court.

6. Designating powers of attorney

Designate someone to make financial and medical decisions on your behalf if you become incapacitated or unable to make decisions for yourself.

7. Review & update your estate plan

Regularly review and update your estate plan to reflect changes in your financial situation, family dynamics, or other circumstances.

Laws and regulations surrounding inheritance and estate planning in Queensland differ from other states, which is why it’s essential to work with a qualified lawyer. They can help ensure nothing is overlooked and that your estate is handled properly.

In conclusion

With a comprehensive estate plan in place, you can have peace of mind knowing your assets will be distributed according to your wishes and that your loved ones will be taken care of after you pass away.

If you are a business owner, it is even more important to take the necessary steps to protect your business assets. 

Working with an experienced Queensland estate planning lawyer can help to ensure that your estate plan is legally sound and that your wishes are carried out.

Please feel free to contact us today at Ballantyne Law to discuss any aspect of your estate planning.


James Ballantyne


Sidnee Jennings