Brisbane Estate Planning Lawyers

Irish Bentley – Brisbane Estate Planning Lawyers

SUCCESSION PLANNING

Irish Bentley provides full services in succession planning delivering security and peace of mind. Our lawyers are experienced in setting up the correct transfer of ownership and control of your hard-earned assets.

We have experience handling the division of assets on the unfortunate event that you pass, and in business succession through provision of buy/sell insurance in shareholder agreements.

Our well-structured and comprehensive succession plans will help secure your loved ones’ future. The dedicated Wills and Estate Planning lawyers understand the importance of professional legal advice and planning services required to ensure the proper administration of Estates in accordance with client wishes.

Irish Bentley’s range of experts means we can offer comprehensive advice. Our experienced tax lawyers mean we can ensure that your planning is tax effective. The insolvency lawyers and our asset protection skills ensure that your bequest is protected to ensure it goes through the desired beneficiaries, even if the beneficiary is bankrupt at the time.

WILLS AND ESTATES

Our lawyers take great pride in developing meaningful relationships with clients, gaining a greater understanding of their needs on a professional and personal level, to deliver innovative and beneficial solutions.

The dedicated Wills & Estate Planning team bring with them a wealth of experience and expertise in negotiation, mediation, collaborative lawyering, as well as litigation and advocacy to guide clients through each stage of the legal process.

Our experienced solicitors provide a range of advisory and legal services in the lead up to and upon drafting and execution of a Will. The firm has been handling wills and estates for individuals from its foundation by Alan Irish, and we hold more than 1000 wills of many longstanding clients in our safe custody.

Irish Bentley are experienced in drafting simple and complex Wills, and in particular we recommend the use of testamentary trusts due to the associated taxation and asset protection advantages. Testamentary trusts are designed to provide maximum flexibility for distributions and provide additional protection for beneficiaries from creditors of your estate. Testamentary trusts may not be suitable for each person, however, Irish Bentley Lawyers provides a tailored approach and can ensure that your will is appropriate for your and your family’s needs.

CAPABILITIES
  1. Bloodline Trusts
  2. Tax effective estate planning
  3. Testamentary Trusts
  4. Enduring Power of Attorney
  5. Simple Will
  6. Complex bequest
  7. Testamentary guardianship
  8. Guardianship Arrangements
  9. Appointment of Executors
  10. Binding death nomination for SMSF
  11. Application for grant of Probate or Administration
  12. Validity of the Will
  13. Contests to the Will
  14. Priority of Applicants
  15. Publication and Service
  16. Estate Administration
  17. Estate Litigation
  18. Family Maintenance Claims
  19. Buy/Sell Agreements for company succession
  20. Business Arrangements
  21. Shareholder Agreements
  22. Appointment of replacement Trustee for Discretionary Trust
EXPERIENCE
  • We successfully applied to the Court to have a Will altered to incorporate a testamentary trust. This was the first time that this had been successfully done where the testator was still alive.
    Charalambous v Charalambous & Ors [2012] QSC 349 (1 November 2012)
  • We discuss with clients’ the full range of their personal affairs to determine the most appropriate for path for succession planning;
  • Drafting binding death nomination for superannuation. (noting superannuation sits outside the estate, so it is necessary to finalise a binding death nomination to determine where the benefit is paid);
  • Drafting Testamentary Trusts where testators are concerned about the are useful for family law concerns for beneficiary children, examples included:
    • Protecting the estate from divorcing beneficiary;
    • Protecting the bankrupt beneficiary;
    • Providing for disabled children;
    • Concern about beneficiaries with substance abuse problems.
  • Estate Administration: Executors have engage us to assist them with transferring title on family homes, investment property, contacting banks and other matters;
  • Estate Administration: We have dealt with estates with international assets and with beneficiaries in different parts of the world, such as Ireland, England, France, Spain, Italy, Greece, Malaysia and the UAE;
  • Estate Litigation: We have litigated and mediated estates where insufficient provision has been made for a dependent child or other family member. Our modus operandi is to resolve disagreement as quickly as possible to reduce cost to the estate;
  • Estate Litigation: We have also acted for executor is dispute over executor remuneration, which was resolved in a mediated outcome;
  • Shareholder Succession: Shareholder Agreement and Buy/ Sell Agreements, allow inclusion of insurance that allows funding of purchase of stake of deceased director/shareholder

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Contact Irish Bentley Lawyers

For all matters concerning Wills, Succession Planning & Estates, contact our Brisbane Estate Planning Lawyers today.

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