How Often Should You Review Your Will? A Practical Guide for Queenslanders

Many people create a Will and assume the job is done. In reality, estate planning is not a one-time task. If your life changes, your Will should change too. Knowing how often should you review your Will is essential to protecting your loved ones and avoiding future disputes.

In Queensland, outdated Wills are one of the most common causes of estate challenges, unintended beneficiaries, and family conflict. A regular review ensures your wishes remain legally valid and reflect your current circumstances.

How Often Should You Review Your Will?

As a general rule, Queensland estate lawyers recommend reviewing your Will every 2–3 years, even if nothing major appears to have changed. Laws evolve, asset values shift, and family dynamics can change in subtle ways.

More importantly, certain life events should trigger an immediate review, regardless of when your Will was last updated.

Life Events That Require a Will Review

You should review your Will straight away if you experience any of the following:

• Marriage or entering a de facto relationship

• Separation or divorce

• Birth or adoption of children or grandchildren

• Death of an executor or beneficiary

• Buying or selling property or a business

• Receiving an inheritance or major financial change

• Moving interstate or overseas

In Queensland, marriage can revoke an existing Will unless it was made in contemplation of that marriage. Separation alone does not remove an ex-partner from your Will, which often surprises people.

Why Regular Reviews Matter in Queensland

Queensland’s Succession Act 1981 allows eligible family members to challenge a Will if they believe they were not adequately provided for. Reviewing your Will regularly helps ensure you’ve considered all potential claimants and documented your intentions clearly.

It also allows you to coordinate your Will with superannuation nominations, trusts, and business interests, areas where outdated planning can cause serious complications.

The Risks of an Outdated Will

Failing to review your Will can lead to:

• Assets passing to unintended people

• Executors who are no longer suitable or available

• Gifts failing because assets were sold

• Increased risk of estate disputes and litigation

• Intestacy if your Will becomes invalid

Getting Professional Advice

Understanding how often you should review your Will is only part of the equation. Working with experienced Queensland estate lawyers ensures your Will remains compliant, tax-effective, and aligned with your wishes as life evolves.

Aylward Game Solicitors assists clients across Brisbane, Gold Coast, and Sunshine Coast with tailored estate planning and Will reviews.

Frequently Asked Questions

1. How often should you review your Will in Queensland?

Every 2–3 years, or immediately after major life changes.

2. Does marriage cancel an existing Will?

Yes, unless the Will was made in contemplation of that marriage.

3. Does separation remove an ex-partner from my Will?

No. Only divorce revokes gifts to a former spouse.

4. Should I update my Will after having children?

Yes, to include beneficiaries and appoint guardians.

5. Can outdated Wills be challenged?

Yes, under Queensland family provision laws.

6. Does superannuation form part of my Will?

Not automatically. It requires separate nominations.

7. Should I review my Will after buying property?

Yes, major asset changes should always be reflected.

8. Can I review my Will without a lawyer?

You can, but legal advice reduces risks of invalidity or disputes.

Contact Aylward Game Solicitors

Call: (1800) 217 217
Email: mail@aylwardgame.com.au
Website: aylwardgame.com.au

Article Source: How often should you review your will

Commercial Dispute Resolution: A Practical Guide for Queensland Businesses

Commercial disputes are an unfortunate reality for many businesses. Whether it’s a contract breach, partnership breakdown, unpaid invoices, or property disagreement, unresolved conflict can drain time, money, and focus. Commercial Dispute Resolution provides Queensland businesses with structured, cost-effective ways to resolve disputes without immediately resorting to court.

In Queensland, commercial dispute resolution focuses on achieving fair outcomes while minimising disruption to business operations. The right strategy can protect your legal rights, preserve relationships, and reduce financial risk.

What Is Commercial Dispute Resolution?

Commercial dispute resolution refers to legal processes used to resolve business-related disputes. These may include disagreements between companies, shareholders, landlords and tenants, or suppliers and clients. Resolution methods range from informal negotiation to formal arbitration or litigation, depending on the complexity and urgency of the matter.

The key objective of commercial dispute resolution is efficiency, resolving disputes as quickly and practically as possible.

Common Commercial Disputes in Queensland

Queensland businesses commonly face disputes involving:

• Contract breaches and non-performance

• Partnership or shareholder disagreements

• Commercial lease and property disputes

• Debt recovery and insolvency issues

• Intellectual property and confidentiality matters

Each dispute requires careful assessment of contracts, legislation, and commercial risk before choosing the appropriate resolution path.

Alternative Dispute Resolution (ADR) Options

Most commercial disputes can be resolved through ADR methods, which are encouraged under Australian law.

Negotiation allows parties to resolve issues directly with legal guidance.
Mediation involves an independent mediator helping parties reach a voluntary agreement.
Arbitration provides a private, binding decision made by an arbitrator, governed in Queensland by the Commercial Arbitration Act 2013 (Qld).
Expert determination is useful for technical or valuation disputes.

ADR is usually faster, confidential, and more cost-effective than court proceedings.

When Litigation Is Necessary

Litigation may be required if ADR fails, urgent court orders are needed, or the dispute involves complex legal principles. Queensland commercial litigation is governed by the Uniform Civil Procedure Rules 1999 (Qld) and can be time-sensitive and costly without proper legal strategy.

Why Early Legal Advice Matters

Early legal advice in commercial dispute resolution helps businesses:

• Understand legal rights and risks

• Choose the most effective resolution method

• Avoid escalation and unnecessary costs

• Protect cash flow and commercial reputation

An experienced commercial lawyer ensures your dispute is handled strategically from the outset.

Frequently Asked Questions (FAQs)

1. What is Commercial Dispute Resolution?

It is the process of resolving business disputes through negotiation, mediation, arbitration, or litigation.

2. Is court always required?

No. Most disputes are resolved through ADR without going to court.

3. Is mediation legally binding?

Agreements reached can be made legally binding once signed.

4. How long does dispute resolution take?

It varies. ADR may resolve matters in weeks, while litigation can take months or longer.

5. Is Commercial Dispute Resolution confidential?

Yes, ADR processes are private, unlike court proceedings.

6. What types of disputes qualify?

Contracts, partnerships, property, debts, and business disagreements.

7. Is ADR cheaper than court?

Generally, yes. ADR significantly reduces legal and court costs.

8. When should I contact a lawyer?

As early as possible, early advice often prevents escalation.

9. Can arbitration decisions be enforced?

Yes, arbitral awards are enforceable like court judgments.

Contact Aylward Game Solicitors

Call: 1800 217 217
Email: mail@aylwardgame.com.au
Website: aylwardgame.com.au

Article Source: Commercial Dispute Resolution

Setup a Company in Australia: Legal Steps, Costs & Compliance Explained

Choosing to Setup a Company in Australia is a major step for business owners who want growth, credibility, and clearer legal protection. Most businesses register as a proprietary limited company (Pty Ltd), which creates a separate legal entity from its owners. This structure allows the company to own assets, sign contracts, employ staff, and limit personal liability in many situations.

What Does It Mean to Setup a Company?

When you Setup a Company, you register it with ASIC (Australian Securities and Investments Commission). The company then exists independently of its directors and shareholders. This separation is one of the main reasons businesses move from sole trader or partnership structures into a company.

Who Should Consider Setting Up a Company?

A company structure is often suitable if you want to:

• Limit personal financial exposure

• Bring in partners or investors

• Build a business you may sell later

• Improve credibility with banks and suppliers

• Separate personal and business finances

However, for very small or early-stage ventures, a company can involve more compliance than necessary. Professional advice helps determine the right structure.

Key Legal Steps to Setup a Company

Before registration, you should prepare:

• A compliant company name

• A registered office address

• Directors and shareholders (with director IDs)

• Share structure and ownership percentages

• Company rules (constitution or replaceable rules)

Registration is commonly completed online through the Australian Government Business Registration Service, with ASIC issuing an ACN and certificate once approved.

Costs Involved

The cost to Setup a Company includes an ASIC registration fee, which varies by company type. Additional costs may include legal advice, a tailored constitution, business name registration, trademark checks, and ongoing ASIC annual review fees.

Ongoing Compliance Obligations

Setting up the company is only the beginning. Directors must comply with duties under the Corporations Act 2001 (Cth), keep ASIC details updated, display the company name and ACN correctly, and meet tax, WHS, and workers’ compensation obligations, particularly in Queensland.

Why Legal Advice Matters

Many disputes arise because ownership, decision-making, or exit arrangements were never documented properly. Early legal advice helps avoid shareholder disputes, director liability risks, and costly restructuring later.

Frequently Asked Questions (FAQs)

1. How do I setup a company in Australia?

By preparing key details and registering online via the Business Registration Service, which ASIC processes.

2. How much does it cost to setup a company?

ASIC fees apply, plus optional costs like legal advice and accounting setup.

3. Do I need a director ID?

Yes, all directors must apply for a director ID before appointment.

4. Is a constitution mandatory?

No, but it is strongly recommended for companies with multiple owners.

5. How long does registration take?

Often within a few business days if details are complete.

6. Does a company limit all personal liability?

No, directors can still be personally liable in some situations.

7. Do Queensland laws apply after setup?

Yes, including WHS and workers’ compensation obligations.

8. Should I get legal advice before registering?

Highly recommended, especially for shared ownership or growth plans.

Contact Aylward Game Solicitors

📞 (1800) 217 217
📧 mail@aylwardgame.com.au
🌐 aylwardgame.com.au

Article Source: Setup a Company in Australia