In advising our commercial clients, we are often asked to assist them to organise their non-business affairs by drafting their Will and tending to their various Estate Planning and Estate Protection issues. This service is an element of business succession and is an essential part of fully addressing any clients legal needs.
Will drafting services
Our Lawyers draft a variety of different Wills to deal with the wishes of testators. From simple Wills where there is no spouse or dependent children to complex Testamentary Discretionary Trust Wills dealing with blended family issues. Whilst a Will appears to be a simple document, there are many technical issues which need to be taken into consideration when preparing even a simple Will to ensure that the Client’s assets are distributed according to their wishes.
Estate planning services
Estate Planning is defined by Perkins and Monahan as:
“a professional service (encompassing strategies, processes and actions) focussed on the preservation and transfer of a client’s wealth for the client and their designated successors“.
In considering our commercial client’s circumstances an estate plan is often required where the clients situation falls outside the boundaries of what’s considered straightforward. We often work with Accountants and Financial Planners to ensure that a client’s estate can be transferred in both a timely and tax effective manner in line with their wishes.
Estate administration
We are often asked to administer the estate of a deceased person by applying for a Grant of Probate or letters of Administration under instructions from an Executor. Once the Court has made the necessary orders, the Executor of the Will has a duty to realise the assets of the estate and distribute them according to the wishes of the deceased.
We are familiar with this process and have experience in dealing with the many issues that arise in transferring the assets including insuring that the respective insurances are in place over the deceased property and also realising the full value of the estate by locating and notifying any relevant insurance companies.
Disclaimer
This page contains general commentary only about Wills and Estates. You should not rely on the commentary as legal advice. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.
Why choose Dundas Lawyers®?
Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side for the long term to act as the ‘bodyguard’ for your business to complete legal forensic investigations and case preparation. Some of the reasons client’s choose Dundas Lawyers® include:
- our Uncommon business acumen;
- our Uncommon expertise in transactional, compliance and litigious matters;
- our Uncommon expertise forensic case preparation;
- our Uncommon customer focus;
- the fact that we don’t just know law, we know business!
- how we leverage our Uncommon Nous® to provide client solutions.
Considering getting a lawyer to advise your business?
For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in wills and estates please phone our team on either 1300 386 529 or 07 3221 0013.

Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au

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Wills and Estates enquiry
Legislation
Recent insights about wills and estates
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What is a Family Provision Application?
Are you wondering if you can contest a Will in Queensland? Find out what you need to know about Family Provision Applications and how the Court considers them. Learn the eligibility criteria and time limits, as well as what it takes to be successful with your claim.
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What is a Mutual Will and why would you want one?
Mutual Wills are a contractual agreement between two people to ensure their children take the estate of the survivor upon death. Learn more about how to protect assets for a particular beneficiary with this method.
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Memoranda of Wishes
Estate planning can be complex, but a Memoranda of Wishes (MOW) can help Executors and Trustees make decisions in line with a Testator’s wishes. Learn more about how a MOW can help protect confidential information from beneficiaries and how to draft one with the help of Dundas Lawyers.
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What is a Testamentary Discretionary Trust and why would I want one?
Create an estate plan that works for you and your family. Learn about the benefits of a Testamentary Trust, such as protecting your inheritance from family law and bankruptcy proceedings, and creating tax advantages for beneficiaries. Avoid the “Lamborghini factor” and find out if this structure is right for you.
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What happens if you die without a Will?
Dundas Lawyers can help protect your assets and provide guidance for the future. They can assist with creating a valid will, so that in the event of intestacy, the rules in Queensland determine the distribution of the estate to the deceased’s closest next of kin.
Recent Federal Court decisions regarding wills and estates
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Ruhe (Trustee) v Rodmarg Pty Ltd, in the matter of Bankrupt estates of Power [2024] FCA 638
BANKRUPTCY AND INSOLVENCY – orders in relation to estate administration – application of ss121, 128B and 128C of the Bankruptcy Act 1966 (Cth) – findings of factOriginal article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0638For more information, see the original judgement.