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Advice & Articles

Best Estate Planning Structures for Business Owners in Queensland

  • Published: 16 June 2025
  • Last Updated: 16 June 2025
Estate planning for business owners in Queensland goes beyond just having a will. Whether you run a small enterprise in Ipswich or manage a company in Brisbane, the right estate planning structures protect your assets, support your family, and ensure your business continues smoothly when you’re no longer at the helm.
In this guide, we outline the most effective estate planning tools available to Queensland business owners—and how to use them together for maximum protection and peace of mind.

 

Why Business Owners Need More Than Just a Will

If you’re a business owner, your estate includes both personal and commercial assets. Failing to plan adequately can lead to:

  • Family disputes
  • Tax inefficiencies
  • Business disruption or closure
  • Unintended beneficiaries

👉 Learn what happens if you die without a will in Queensland

 

Key Estate Planning Structures for Business Owners

1. Wills for Business Owners in Queensland

A valid, up-to-date will is the foundation of your estate plan. It outlines who inherits your assets—including shares or interests in a business.

Without a will, Queensland’s intestacy laws will apply, which often don’t align with your wishes or business continuity needs.

👉 Explore why a valid will is essential for business owners

 

2. Testamentary Trusts

A testamentary trust is created in your will and becomes active after your death. For business owners, it offers:

  • Tax-effective income distribution to family or beneficiaries
  • Protection from creditors, bankruptcy, or family law claims
  • Support for minor children or vulnerable dependants

👉 Understand the full benefits of testamentary trusts in Queensland

 

3. Business Succession Planning

A business succession plan outlines how your business should operate if you retire, become incapacitated, or pass away. It can include:

  • A successor or leadership handover strategy
  • Shareholder or buy-sell agreements
  • Agreed valuation methods
  • Insurance to fund ownership transfers

This planning helps avoid chaos, ensures continuity, and protects the value you’ve built.

👉 See how business succession integrates with your estate planning

 

4. Enduring Power of Attorney (EPOA)

An EPOA allows someone you trust to make decisions if you’re unable to do so due to illness or injury. This is crucial for business owners who make day-to-day operational or financial decisions.

Without an EPOA, your business operations may stall during a health crisis.

👉 Why a Will and EPOA work best together

 

5. Superannuation & Insurance Strategies

Superannuation and life insurance don’t automatically pass through your will. You should:

  • Make binding death benefit nominations
  • Align your insurance payouts with business or personal estate needs
  • Use life insurance to fund business succession agreements

These are often overlooked but critical components of a complete estate plan.

 

Tailoring the Right Estate Plan for Your Business

No two business owners are the same. The right estate plan depends on:

  • Your business structure (company, trust, sole trader)
  • Family and beneficiary needs
  • Tax planning strategies
  • Industry-specific risks or regulations

A well-rounded plan usually combines several structures (e.g., will + EPOA + testamentary trust + succession strategy) to provide flexibility and long-term protection.

 

Get Expert Estate Planning Advice for Your Business

At Bennett Carroll Solicitors, we help business owners across Brisbane, Ipswich, Upper Mount Gravatt, Stafford, Mermaid Beach, and Kawana create legally sound estate plans that protect their family and commercial interests.

Whether you’re just starting your business or planning retirement, now is the time to secure your legacy.

📞 Contact us today to book a consultation and build a custom estate plan that works for your future.

Best Estate Planning Structures for Business Owners in Queensland

Related Articles

Understanding Testamentary Trusts: Benefits for Estate Planning in Queensland

Dying Without a Will in Queensland: What Happens and How to Avoid Intestacy

FAQs – Most Common Mediation Questions

The Importance of Family Provision Applications – Will & Estate Dispute

Understanding Wills: What You Need to Know to Protect Your Estate

An Advance Health Directive (AHD) in Queensland ensures your healthcare wishes, including Do Not Resuscitate (DNR) instructions, are legally followed, giving you and your loved ones clarity and peace of mind. Many Queensland residents assume that a Will or Enduring Power of Attorney (EPOA) covers medical decisions, but only an AHD legally records your healthcare choices if you cannot communicate. At Bennett Carroll Solicitors, we guide clients through AHDs as part of comprehensive estate planning, Wills, and Enduring Powers of Attorney. We provide Queensland-wide legal services from our conveniently located offices in Stafford (Brisbane North), Upper Mount Gravatt (Brisbane South), Kawana Waters/Birtinya (Sunshine Coast), Mermaid Beach (Gold Coast), and by appointment in Ipswich and Brisbane Central, with flexible consultations available via phone, secure email, video conferencing, or in-person visits.

Advance Health Directives in Queensland: Protect Your Healthcare Decisions Through Estate Planning

This information is provided for general informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer for advice regarding your specific situation.

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