Estate and Will Lawyers Gold Coast

Estate and Will Lawyers Gold Coast

Christopher Bullock was right about the certainty of two things – death and taxes. We must plan for both.

In an increasingly complex world there are a number of reasons why you should speak to an expert about your estate planning:

  •  you may have a family business which you would like to pass to a new generation;
  •  your family’s wealth may be held through companies, trusts or superannuation funds;
  • ​you may have a traditional family or a blended family with children and step-children;
  • you may be concerned about the next generation’s ability to manage their inheritance, or be concerned about their own family or financial misfortune;
  • ​you may be concerned about accident or illness;
  • ​you may be concerned about hidden taxes and duties.

Effective estate planning can be complex, however, the Ballantyne Law Group Gold Coast can assist you to navigate through this serious area.

We offer the following Estate and Will Legal services:


Wills and Estate Planning to Gold Coast Residents  

Though never an easy subject to talk about, the decisions you make around your death are among the most important you will ever make in your life. Your will, the administration of your estate, settlement of taxation and other legal/financial commitments, and the distribution of your assets as you have stipulated, combine to create a strategy for you and the people you love. Ballantyne Law Group Gold Coast specialises in wills and estate planning. Our diligence, discretion and personal/professional care mean you can have confidence that your affairs are in the very best of hands.

If you would like to discuss Will and Estate Law or any other matter with our team, please contact us or call (07) 5606 7332.


A testamentary trust can be an effective way to manage the capital gains and income tax implications arising from your estate. A trust allows you to pass on control of your selected assets rather than the actual assets themselves. For example, this may mean control of the entirety of your estate; your superannuation to your spouse; or the release of funds to your children upon reaching a certain age. At Ballantyne Law Group Gold Coast, you can trust our team to guide you through all the legal requirements that come with establishing a trust, appointing a trustee and administering a trust. 

Estate administration 

Being appointed the executor of an estate is an important and challenging role. There are many procedures to follow as you do your best to serve the deceased party and all nominated beneficiaries while also satisfying all legal conditions and other commitments. At Ballantyne Law Group Gold Coast, we are experts in estate administration and can help you navigate this precise and often perplexing process. Contact our team and let us take the pressure off you at this emotional time.

If you would like to discuss Estate Administration or any other matter with our team, please contact our Gold Coast office today (07) 5606 7332.


Grant of Probate validates a will and endorses your authority, as executor, to begin gathering the assets of the deceased and distributing them as instructed in the will. Ballantyne Law Group Gold Coast can help you along every point of the probate journey, from the initial application for the grant to the task of asset location and allocation. Probate can be a complex process; let us make it easier for you.

Letters of administration 

When a person dies without a will, they are declared intestate. This can create several issues around their assets, including the need for a Letter of Administration. This court-issued document authorises an administrator to act for the deceased. However, intestacy adds complexity and detail to the application process, and this is where Ballantyne Law Group’s expertise is so valuable. Contact our team and learn how we can help you negotiate every step of the way.

Challenging a will/estate litigation 

Challenging a will means to dispute the validity of the document itself. Contesting a will is a different matter and generally occurs when someone believes they deserve a share, or greater share, of a deceased estate. At Ballantyne Law Group Gold Coast, we know that wills can be challenged or contested for any number of reasons. What is beyond dispute is the need to engage the very best legal advice and expertise, qualities you can depend upon with our dedicated team.

Do you have questions regarding challenging a will and estate litigation? Our Estate and Will team on the Gold Coast are happy to help you. Contact us today (07) 5606 7332.

Power of attorney 

Giving someone power of attorney means they can legally act on your behalf. For both parties, it is a responsibility to be taken very seriously and comes with legal requirements and implications. Also, each case is specific to the nominator and nominee and so it is wise to seek legal guidance that both understands and encompasses every aspect of your individual situation. Get in touch with our team at Ballantyne Law Group Gold Coast. We’re there for you.

Advance health directive 

Illness and incapacity are a part of life, occurring suddenly in some cases; while in others building over time. Accordingly, more and more people are deciding to implement an Advanced Health Directive. This document contains your wishes and instructions with regard to your future health care should you no longer be able to make your own decisions. At Ballantyne Law Group Gold Coast, we understand and respect the gravity of your decision to draw up an Advanced Health Directive. Our professionalism is always there to advise and reassure you throughout this important legal and medical process. 

Superannuation and binding/non-binding death benefit nominations 

In the case of superannuation after your passing, a binding nomination compels your trustee to pay the balance as directed by you. With a non-binding nomination, your trustee knows your wishes but also has discretion over how those funds are distributed. Whichever course you choose, binding or non-binding, Ballantyne Law Group Gold Coast provides the highest quality advice and service for this essential financial procedure.

Tax implications 

Taxation regulations and requirements are a major factor in estate planning. They are also challenging, variable and demand strict governance. At Ballantyne Law Group Gold Coast, our taxation expertise can help to mitigate the tax implications that can occur after death. Let us find the best strategy to ensure the efficient and effective transfer of your assets upon your passing. 

Contact us today by email or on 07 5606 7332.

About James Ballantyne:

James Ballantyne Gold Coast Lawyer

James Ballantyne is the Principal of the Ballantyne Law Group Gold Coast. Following his admission as a Solicitor in 2002 James has worked in key roles at some of Queensland’s leading Estate and Will law firms. Based on the Gold Coast for the past decade, James has developed a strong practice in Estate and Will law and here to assist anyone with Estate and Will legal matters no matter how complex they are.

Admitted to the Supreme Court of Queensland and the High Court of Australia, James is able to provide practical, pragmatic and effective legal advice in plain English.

Contact us now by email or on 07 5606 7332.