THE COMMERCIAL PROBLEM
Defend all you’ve built. Strategic estate planning, Melbourne.
Nationwide estate planning for wealth held across private companies, family trusts, and SMSFs.
COMMERCIAL DISCIPLINE
You did not build what you have by leaving things to chance. Your estate plan requires equal discipline.
INTEGRATED STRUCTURES
We align private companies, family trusts, unit trusts, and SMSFs under one unassailable legal roadmap.
STRUCTURAL RISK ASSESSMENT
The Vulnerability of Unprotected Wealth
Intergenerational wealth dissipation
What took you a lifetime to build can be divided or lost in a single generation. Passing capital directly to beneficiaries without structural protection exposes those assets to family law property settlements, creditor claims and bankruptcy proceedings. The solution is not to hope for the best; it’s to build an estate structure that removes the risk entirely.
Corporate paralysis
Your business doesn’t come with a pause button, and if the managing director or the sole shareholder loses capacity or passes away without precise corporate succession mapping, everything stops. Operations freeze, bank accounts are locked, and corporate decision-making stalls. And the longer it takes to resolve, the more damage is done.
Trust disruption
A family trust without a succession plan is a liability disguised as protection. Control doesn’t automatically pass under your Will. Without rigorous planning, your trust's asset base can be seized by unintended parties. This can trigger catastrophic Capital Gains Tax (CGT) events and stamp duty resettlements that can gut a generation of wealth in a single transaction.
Structural Security Frameworks
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Leaving your children an inheritance is one thing; making sure it stays theirs is another. Standard estate planning frequently appoints an adult child as the sole trustee of their inheritance trust, granting them absolute control and risking those assets in the event of a relationship breakdown. One divorce. One settlement. A generation of wealth, gone.
Advanced governance insulation: The solution isn’t to leave your children less, it’s to change who holds the keys. We can structure testamentary discretionary trusts to give your estate protection. We can provide for independent co-trustees or sibling mirror trust structures where needed. Your children still benefit, but because their interest is strictly discretionary and control is structurally separated from them, the inherited estate is fully protected against bankruptcy trustees, third-party creditors, and claims under the Family Law Act 1975 (Cth).
Fiscal optimisation: Your estate plan should not just preserve wealth; it should multiply it. Through a testamentary trust, income distributed to minor beneficiaries - such as your grandchildren - is treated as excepted trust income under Section 102AG of the Income Tax Assessment Act. This means it is taxed at standard adult marginal rates. Other trusts don’t offer this feature and most estate plans never access it. Ours are built around it.
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If you don’t know who your appointor is, or what happens to that role when you are no longer here, your family trust may be more vulnerable than you think. The appointor or guardian holds the ultimate power within a discretionary family trust, including the unilateral right to remove and replace the trustee. One vacancy, one wrong succession, and your entire asset base is exposed.
Deed alignment and succession security: We review your historic trust deeds forensically, identify structural vulnerabilities, and draft formal Deeds of Variation and Appointor Succession clauses to ensure control passes to exactly the right person, without triggering a trust resettlement under the Duties Act 2000 (Vic). We ensure there are no surprises, no gaps and no room for the wrong person to be in charge.
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If your family includes children from a previous relationship, stepchildren, or a new partner, ensuring everyone is looked after can feel like a delicate balancing act. Without a clear plan, it’s heartbreakingly easy for a blended family's estate to face competing claims later on - even when everyone has the best intentions.
Under Part IV of the Administration and Probate Act 1958 (Vic), statutory eligibility to contest a Will extends well beyond a surviving spouse. Biological children, stepchildren, and domestic partners all have explicit legal standing to launch family provision claims against your estate.
Many people assume the natural approach is simply to leave everything to their current partner, trusting they will take care of the kids down the track. But this creates an unintended legal vacuum. If your partner eventually remarries or rewrites their Will, your own children can be completely disinherited. On the other hand, your estate could face unexpected claims from stepchildren you never intended to benefit.
The Reality: Hope is a beautiful thing, but it isn't a legal strategy.
To protect the people you love and keep the peace, we design Multi-Layered Capital Ring-Fencing frameworks:
Advanced Structural Separations: We implement contractually binding Mutual Will Agreements alongside testamentary life interests and precisely calibrated Right-to-Reside clauses. These legal tools are built to balance your love and responsibilities perfectly, leaving nothing to chance.
Guaranteed Reassurance: Your partner's lifestyle, comfort, and financial security are fully looked after for the rest of their days, while your children's long-term inheritance is safely locked in.
Preventing Will Disputes: By removing the ambiguity early, potential Part IV claims from competing family interests are gently but firmly neutralised long before they can ever escalate into a stressful, costly courtroom battle.
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You have spent decades building your superannuation, but your portfolio, including high-value self-managed super fund (SMSF) asset pools, doesn’t automatically form part of your estate and cannot be distributed via a Will. Without a valid Binding Death Benefit Nomination (BDBN), someone else could decide where that money goes.
We are here to put that control back in your hands and make sure it goes exactly where you say it does.
SMSF command and control: We create ironclad, Non-lapsing BDBNs drafted to the governing rules of your SMSF trust deed and the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act), structured to manage the tax impact on non-tax dependants and direct funds into Superannuation Proceeds Trusts where necessary. No ambiguity. No discretion. Your money, your direction.
Estate planning at this level is not a single discipline. It sits at the intersection of corporate law, equity and trusts, tax law and estate litigation. Getting it wrong in any one of those areas can have negative consequences.
Suburban generalists don't have the expertise or nuance to master complex, high-level estate planning, and top-tier CBD firms over-engineer solutions to justify inflated billable hours that bear no relationship to the outcome.
At Conlan Cummings Lawyers, we do things differently. You deal directly with a senior strategist who analyses your corporate accounts, dissects your trust structures, and builds the legal architecture that protects everything you’ve created.
We bring intellectual rigour to every structure we build. No inflated hours. No ego. Just commercial tier thinking delivered in plain English by an expert team working towards one definitive purpose: to make sure that everything you have built is protected.
The Conlan Cummings Lawyers Edge: Elite Experts. No Ego.
CONFIDENTIAL PORTFOLIO REVIEW
Secure the Future of Your Legacy
You’ve spent decades building your wealth and protecting your family - don’t leave the final outcome to uncertainty. Let’s make sure the structures you have put in place work exactly the way you intend them to.
Contact Conlan Cummings Lawyers today to arrange a confidential, comprehensive portfolio review with a senior strategist. We will sit down with you, look at the big picture, and give you the absolute certainty that your life's work is secure.