- Lvl 10, 95 North Quay, Brisbane QLD 4000, Australia
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Running a business demands your constant attention and decision-making. But what happens if you suddenly can't make those decisions? Who steps in if you're incapacitated by accident or illness? How does your business continue, and how is your family provided for? These aren't comfortable questions, but they're essential ones every business owner must address.
At Forseti Law Australia, we help business owners create comprehensive future planning strategies that protect both their commercial interests and their families. From Powers of Attorney that ensure business continuity during incapacity, to succession plans that facilitate smooth ownership transitions, to Wills and trusts that preserve wealth for the next generation—we provide integrated solutions that give you confidence in your business's future and your family's security.
Business owners face unique planning challenges that employees and retirees don't encounter. Your business likely represents your largest asset, employs staff who depend on you, and requires continuous decision-making to operate successfully. Standard estate planning doesn't address what happens to business operations during your incapacity, how ownership transfers to successors, or how to protect commercial assets whilst providing for family members.
Most business owners don't realise that losing capacity—even temporarily—can paralyse business operations if proper Powers of Attorney aren't in place. Without clear succession plans, family disputes can tear apart successful businesses, key employees may leave during uncertainty, and business value can evaporate. Your family might inherit a business they can't run, or be forced to sell quickly at unfavourable prices to pay estate debts and taxes.
We don't separate your business planning from your personal estate planning—they're interconnected and must work together. You'll receive coordinated advice on Powers of Attorney with appropriate commercial authority, succession strategies that preserve business value, and Wills and trust structures that protect wealth for your family whilst addressing unique business ownership issues.
We work closely with your accountant and financial adviser to ensure legal structures align with tax planning and wealth management strategies. Our goal is comprehensive protection—business continuity during your lifetime, smooth succession when you're ready to transition, and appropriate wealth preservation for your family after you're gone. We understand that your business is both your livelihood and your legacy, and we plan accordingly.
Specialised Enduring Powers of Attorney that grant trusted attorneys authority to manage business operations, make commercial decisions, and ensure continuity if you lose capacity. We help you choose appropriate attorneys and define their powers to protect both personal and business interests.
Strategic planning for ownership transition whether to family members, key employees, or external purchasers. We advise on succession structures, buy-sell agreements, restraint of trade provisions, and timing strategies that preserve business value and minimise disruption.
Wills tailored to business owners addressing company shares, partnership interests, trust ownership, and business assets. We structure testamentary trusts that provide flexibility, asset protection, and tax benefits whilst ensuring fair treatment of all beneficiaries.
Guidance on family trusts, unit trusts, and corporate structures that protect business assets, facilitate succession, and provide tax planning opportunities. We coordinate with your advisers to ensure structures serve both asset protection and succession goals effectively.
Our comprehensive business owners' future planning services cover:
Assessment of what happens to your business if you lose capacity, identifying vulnerabilities and creating solutions
Documents granting appropriate authority for business decision-making, banking, contracts, and operational matters
Planning ownership transition pathways, timing considerations, and structures that preserve business value
Wills addressing business ownership with testamentary trusts providing flexibility, protection, and tax benefits for beneficiaries
Guidance on agreements between business partners addressing death, disability, retirement, and dispute scenarios
Collaboration with your accountant and financial planner to ensure legal structures align with tax and wealth strategies
Our streamlined legal process is designed to ensure client success by providing efficient and effective legal services. We understand that navigating the legal system can be complex and time-consuming
We discuss your business structure, ownership, key personnel, family circumstances, and concerns about business continuity and succession. This helps us understand what planning structures you need and what outcomes you want to achieve.
We identify all business and personal assets including company shares, partnership interests, trust ownership, property, superannuation, and other investments. We assess how these assets interact and what planning implications arise from your current structures.
We explain your options for Powers of Attorney, succession planning, and Will structures. You'll understand how different approaches affect business continuity, tax implications, asset protection, and family provision. We coordinate with your existing advisers as needed.
We draft Powers of Attorney, Wills, trust deeds, and any necessary commercial agreements. Everything is tailored to your specific business and family circumstances, coordinated with your overall wealth strategy, and written clearly so you understand exactly what you're signing.
We ensure documents are properly executed, originals securely stored, and relevant parties informed of arrangements. As your business evolves—new partners, changing family circumstances, restructures—we update your planning to maintain protection and alignment with your goals.
Standard Powers of Attorney may not grant sufficient authority for complex commercial decisions like signing contracts, managing business bank accounts, dealing with business debts, or making operational decisions. Business owners need Powers of Attorney specifically drafted to include commercial authority appropriate to their business structure.
It depends on your structure. Company shares and partnership interests are typically addressed in your Will, whilst family trusts continue independently. We help you structure business ownership and succession in ways that balance tax efficiency, asset protection, fair family provision, and business continuity.
Common approaches include leaving the business to the active child with other assets equalising inheritance, using testamentary trusts providing flexibility for trustees to balance fairness, or implementing succession plans during your lifetime with appropriate compensation. We help you structure arrangements that feel fair to everyone.
A buy-sell agreement between business partners specifies what happens to ownership interests upon death, disability, retirement, or dispute. It typically includes funding mechanisms (life insurance), valuation methods, and purchase obligations. If you have business partners, you likely need one to prevent uncertainty and family disputes.
Business owners should review planning every 2-3 years or when significant changes occur: new partners, business restructures, major asset acquisitions, changes in tax law, family circumstances, or succession timeline adjustments. Your planning must evolve as your business grows and circumstances change.
Annelie Hovler Solicitor of the Supreme Court of Queensland, Australia Jurist, Sverige
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