Category Estate Planning

This article was written by Nancy Wang Solicitor at W & G Lawyers. For further information about Nancy Wang‘s professional background, legal experience, and areas of practice, please click on her name to view her full profile.

A recent Queensland Supreme Court decision is a timely reminder that structuring your wealth through a family trust does not mean you can pass trust assets through your will.

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This article was written by Nancy Wang, Principal solicitor at W & G Lawyers. For further information about Nancy Wang’s professional background, legal experience, and areas of practice, please click on her name to view her full profile.

Blended families are increasingly common across Australia, yet they remain one of the most complex situations in estate planning. Where two people come together each with children from prior relationships, real property in various ownership structures, superannuation, insurance, and accumulated wealth — the stakes of getting an estate plan wrong are very high.

This article walks through the key issues every blended family should consider before meeting with a solicitor. It is general information only. Because every family’s situation is different, we strongly recommend obtaining independent legal advice tailored to your circumstances.

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A Smarter Way to Protect and Pass on Wealth

A testamentary trust is one of the most effective estate-planning tools available for protecting assets, managing tax outcomes, and ensuring wealth is used as intended. When carefully structured, it offers flexibility, control, and long-term protection for beneficiaries across generations.

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Superannuation is often one of the largest assets a person holds, yet many Australians do not realise it does not automatically form part of their estate. Because superannuation is held in a trust and governed by superannuation legislation and fund rules, the benefit may not be distributed in accordance with your Will unless the proper arrangements are in place.

Ensuring your nominations are valid, current, and consistent with your broader estate plan is essential. The following overview highlights the key issues to consider.

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At W & G Lawyers, we regularly advise families, business owners, and trustees on the use of family trusts for asset protection, succession, and tax planning.

While trusts can be powerful and flexible, the trust deed — the legal “rule book” — is often overlooked. Differences in wording between deeds can create major legal and financial consequences, sometimes leading to disputes or unexpected tax bills.

This newsletter highlights key lessons from important cases and explains why keeping your deed up to date is essential.

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