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Advice & Articles

Best Estate Planning Structures for Business Owners in Queensland

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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

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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.

Where to Find Us – Bennett Carroll Solicitors Locations
BRISBANE NORTH -
STAFFORD
269 Stafford Road, Stafford,
Brisbane Queensland
4053



Directions: Located just off Gympie Road, near Stafford City Shopping Centre.
BRISBANE SOUTH -
UPPER MOUNT GRAVATT
33 Sanders Street, Upper Mount Gravatt, Brisbane Queensland
4122



Directions: Located just off Mount Gravatt Capalaba Road, a short drive from Westfield Mount Gravatt Shopping Centre.
SUNSHINE COAST -
BIRTINYA
Suite 13, 1 Capital Place, Birtinya, Sunshine Coast Queensland
4575



Directions: Located on the corner of Capital Place & Innovation Parkway, next to Lake Kawana at Birtinya.
GOLD COAST-
MERMAID BEACH
Suite 5, 2484 Gold Coast Highway, Mermaid Beach, Gold Coast Queensland
4218



Directions: Located on the Gold Coast Highway, just minutes from Pacific Fair Shopping Centre.
BRISBANE CENTRAL -
BY APPOINTMENT ONLY
80 Ann Street,
Brisbane City Queensland
4000



Appointments:
Contact us to arrange a meeting at our Brisbane City office.
IPSWICH CENTRAL -
BY APPOINTMENT ONLY
Level 3, 16 East Street, Ipswich Queensland
4305




Appointments:
Contact us to arrange a meeting at our Ipswich office.

Bennett Carroll Solicitors is a full-service Queensland law firm with offices in Brisbane, Ipswich, the Sunshine Coast, and the Gold Coast.
We provide legal advice across a wide range of areas, serving clients all over Queensland.
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