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Why Everyone Should Upgrade to a Smarter Will

Smarter estate planning is not just for the wealthy.

To protect your legacy, call us now.


    Get A FREE Copy of our Smarter Wills Guide


    ROCHE Legal is a boutique Queensland law firm with an Estate Planning Arm led by its Legal Director, Christopher Roche that focuses on creating effective and protective estate planning strategies for Queenslanders with simple to complex family dynamics and/or business structures.

    Contact us to arrange a free one on one consultation today or to receive a free copy of our Smarter Wills Guide.

    We protect your assets from unwanted claims

    We protect the entitlements of your beneficiaries

    We ensure the wishes of the will maker are achieved


    Family structures in Australia are becoming more complex. Multiple heterosexual and same sex marriages or relationships, and children from those marriages or relationships, siblings, step-siblings and their spouses, or family estrangements are getting more common. Each situation is different but can get very complicated where step-families, divorces and second or third marriages are involved.

    It is often on the death of a senior family member where issues that may have remained largely dormant, come out in the open. At ROCHE Legal, we strive to understand each client’s personal position in detail so as to create an enhanced comprehensive estate plan that takes all factors into account to avoid family conflict and potential legal challenges after death.

    ROCHE Legal’s skills lie in this area of enhanced estate planning – we don’t just create the necessary legal documents to facilitate the efficient processing and distribution of an estate – we establish the necessary protective barriers required to ensure that the assets an individual has worked all their life to achieve are:

    • passed onto the intended beneficiaries; and
    • not dissipated or lost by those beneficiaries.

    We work together with our client’s investment and/or tax advisors to ensure the creation of a well-designed estate plan and Will that offers asset protection, tax minimisation possibilities, and reduced chances of a successful challenge.

    Important decisions need to be made about who fulfils such roles and the potential ramifications of those choices need to be properly considered, be they appointers, trustees, executors, holders of enduring powers of attorney, or guardians of minors. We help clients determine who should fill these roles in a way to offer maximum protection.

    For example, if one or more Testamentary Trusts are involved, the issue of who controls the Trust becomes paramount – if beneficiaries are in control of the Trust set up to protect them and the assets are then bequeathed for their benefit, disaffected or estranged partners of those beneficiaries may seek to bring a viable challenge in the Family Court.


    Our Smarter Wills Guide touches on the very real possibilities of one or more beneficiaries experiencing:

    • Exposure to creditors and predators
    • Bankruptcy
    • Family law claims
    • The inability to manage their own finances (e.g. through intellectual disability or an addiction to drugs, alcohol or gambling)
    • Challenges to the estate by disgruntled former spouses or defacto partners, children, grandchildren, other dependants and even people that may be living in the deceased’s home prior to the former’s death

    Whilst each client’s issues and needs may be different, we ensure that the best strategies are formulated and presented to our clients so that we can then put in place the most effective structures to meet their specific estate planning goals. This may involve the use of a number of vehicles within the estate plan such as holding assets individually or jointly, whilst others may be recommended to be held within trusts or companies, depending upon the level of sophistication of each client’s financial affairs.


    Whilst it is important to create the most effective estate plan – it is equally important to ensure that each plan is regularly reviewed to ensure that the structures, Will and ancillary documents properly reflect the client’s wishes and adapted if necessary, to meet any of the following changes (including but not limited) to:

    • State or Commonwealth legislation
    • Case Law
    • Marital or partner status
    • Family relationships (e.g. birth of children, grandchildren)
    • Health
    • Work/Retirement status
    • Asset or other wealth acquisition or disposal domestically or in foreign jurisdictions


    Superannuation entitlements do not form part of an estate and are not dealt with by Will, unless the discretion of the Superannuation Trustee is exercised in favour of the state or the estate is the pre-determined recipient under a binding nomination or by operation of a trust deed.

    At ROCHE Legal, we ensure that our enhanced estate plan takes into account how superannuation integrates into the client’s overall estate plan, whether the benefits are part of Employer Superannuation or are derived from a self-managed superannuation fund.

    Again, it comes down to proper and truly comprehensive planning.

    Your First Consultation Is FREE

    We can help with the following:

    • Comprehensive Estate Planning
    • Family Trusts
    • Discretionary Trusts
    • Wills
    • Tax Minimisation
    • Enduring Powers of Attorney
    • Advance Health Directives

    And if it is not listed above, then give us a call and we’ll provide you with a cost estimate.


    Level 19
    10 Eagle Street (AMP Place)
    Brisbane, QLD 4000

    Unit 2
    18 Dennis Road
    Springwood, QLD 4127

    Sunshine Coast
    1 Nothling Street
    Moffat Beach, QLD 4551

    Call NOW To Book A FREE Appointment:

    Go to sleep tonight knowing that everything has finally been taken care of.

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