Payroll Tax and What It Means for Queensland Doctors

Payroll tax has become one of the most talked-about legal and financial issues facing medical, dental, and allied health professionals in recent years. With increased scrutiny from state revenue authorities and changes in legal interpretation, doctors—whether early in their careers or well-established—need to understand how these developments could affect their practice models and income arrangements.

In this article, we focus on the evolving payroll tax landscape in Queensland and what it means for health practitioners across the state.

Why Is Payroll Tax an Issue?

Traditionally, where doctors operated under service agreements through medical centres or clinics, these arrangements were not subject to payroll tax. However, recent court decisions and updated guidance from the Queensland Revenue Office (QRO) have broadened how payroll tax laws are applied. In many cases, payments to contracted doctors are now treated as taxable “wages” under the extended “relevant contract” provisions.

This shift has raised alarm bells for practices and practitioners alike, prompting legal reviews of structures, agreements, and compliance strategies.

The Queensland Position

In Queensland, payroll tax is levied at 4.75% if a business’s annual taxable wages exceed $1.3 million.

On 22 December 2022, the QRO issued a Public Ruling (updated in February 2024), which clarified that agreements with contracted doctors—such as service agreements—may fall within the scope of taxable “relevant contracts” for payroll tax. This meant that many practices faced potential tax liabilities for payments made to independent GPs and other practitioners.

However, in a significant development, the Queensland Government passed the Revenue Legislation Amendment Bill 2024, confirming that from 1 December 2024, payments made by GP practices to general practitioners will be exempt from payroll tax—bringing welcome certainty for GPs and clinics alike.

Who Qualifies for the GP Exemption?

The exemption applies to:

• Doctors registered under the Health Practitioner Regulation National Law to practice in the specialty of general practice;
• Practitioners listed in the federal Health Insurance (General Medical Services Table) Regulations 2021 (Cwlth), schedule 1, part 1, clause 1.1.3;
• Prescribed medical practitioners who predominantly provide GP-style services.

It’s important to note that this exemption does not extend to medical specialists or allied health practitioners, who must still assess their potential payroll tax obligations.

What Doctors and Practices Should Do

While the GP exemption offers relief, compliance obligations remain complex and vary depending on your practice model, specialty, and financial thresholds.

Here’s what you and your practice should consider:

• Know the law: Understand current legislation and QRO rulings relevant to your specialty and business structure;
• Assess your threshold: Determine whether your practice is approaching or exceeding the payroll tax threshold;
• Review contracts: Revisit any service or independent contractor agreements with legal and accounting advisers;
• Check eligibility: See if you or your practice qualifies for any exemptions or amnesties—and whether disclosure is required;
• Seek advice: Don’t delay in obtaining expert legal and tax advice tailored to your specific situation.

Looking Ahead

While Queensland GPs now have greater clarity, specialists and allied health practitioners may still face uncertainty. It’s likely that further updates will emerge as state revenue offices continue to scrutinise practitioner arrangements.

Practices and individuals alike should take a proactive approach to ensure they’re not caught off guard.

Need Help?

Hillhouse Legal Partners can assist with reviewing or drafting agreements, assessing your payroll tax position, and preparing for any future audits. We also provide advice to individual practitioners seeking to understand their personal exposure or contractual risks.

For tailored advice, contact Craig Hong or Zach Sudiro, in our Corporate and Commercial Team, on (07) 3220 1144 or via email at craig@hillhouse.com.au or zach@hillhouse.com.au.

Statutory Tort for Serious Invasion of Privacy Now in Force

A tort is a civil wrong wherein one party causes loss or harm to another. A cause of action in tort allows the affected party to sue the wrongdoer for damages or other relief.  Whether an action in tort for invasion of privacy exists in Australia has been a topic of contention since the early 2000s.

A new suite of privacy law reforms, contained in the Privacy and Other Legislation Amendment Act 2024 (Cth) (the Act) is being rolled out across the year and brings an end to this uncertainty. On 10 June 2025 a new statutory tort for serious invasions of privacy came into effect.

The Act states that the purpose of these provisions is to:

• establish a cause of action for serious invasions of privacy;
• provide for defences, remedies and exemptions;
• recognise that the protection of privacy is a public interest to be balanced with other public interests; and
• implement Australia’s international obligations in relation to privacy, specifically under the International Covenant on Civil and Political Rights.

Cause of Action

Under the Act, an individual now has a cause of action in tort against another person where:

(a)        their privacy has been invaded by:
          (i) an intrusion into their seclusion; or
          (ii) the misuse of information relating to them; and

(b)        a person in their position would reasonably have expected privacy in all the circumstances; and
(c)        the invasion of privacy was intentional or reckless; and
(d)        the invasion of privacy was serious; and
(e)        the public interest in the individual’s privacy outweighed any countervailing public interest.

It is not necessary to prove damage for an invasion of privacy to be actionable.

Defences

Some defences include:

Remedies

If it finds that a serious invasion of privacy has occurred, a court may grant one or more of the following remedies:

Exemptions

Notably, an exemption is provided for journalists and other related parties if the invasion of privacy occurs in the collection, preparation for publication or publication of journalistic material.

Application in Other Jurisdictions

Similar torts of privacy have been recognised to varying degrees in the USA, UK and New Zealand, and provide insight into the types of claims that may arise under this new statutory tort. ALRC Report 123 –Serious Invasions of Privacy in the Digital Era, published 15 July 2014 (Report), discusses several cases where plaintiffs have successfully sued for invasion of privacy in those jurisdictions.  

In the New Zealand case of C v Holland [2012] 3 NZLR 672, the courts first recognised the existence of a tort of invasion of privacy in New Zealand.  The case involved a man who secretly installed a video camera and recorded his flatmate while she was showering.

According to the Report, intrusion upon seclusion has been found to include not only entry into physical spaces but also ‘watching, listening to, or recording someone’s private activities or private affairs.’ Specific examples include ‘taking a photo of someone in a change room, reading their bank statements, tapping their phone calls, or hacking into their computer.’

The Report notes that, in the USA intrusion upon seclusion cases have typically focused on how private information is obtained, rather than the publication of that information.

Examples of misuse of information, as identified in the Report, include ‘publishing a person’s medical records in a newspaper or posting sexually explicit photographs of someone on the internet, without their permission.’

Conclusion

This new statutory cause of action ends longstanding uncertainty about the existence of a tort for serious invasion of privacy in Australia. It will be important to watch how the case law develops, and we will continue to provide updates as it does.

If you are unsure about your obligations under the new privacy reforms – or your privacy obligations broadly – please contact Craig Hong or John Davies on 07 3220 1144 or craig@hillhouse.com.au.

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2025–2026 Minimum Wage Increase Announced

On 3 June 2025, the Fair Work Commission handed down its Annual Wage Review 2025–2026 decision, confirming a 3.5% increase to minimum wage rates under all Modern Awards, effective from 1 July 2025.

This increase, which applies from the first full pay period on or after 1 July 2025, will impact a wide range of employees across all industries. Employers should now review pay rates, adjust payroll systems, and assess how this affects both award-based and salaried staff.

As part of its legal obligation to maintain minimum wage standards in Australia, the Fair Work Commission conducts this review annually, taking into account a range of economic factors including cost of living, inflation, productivity, and broader economic conditions.

What’s Changed?

• All Modern Award minimum wages will increase by 3.5%.
• The National Minimum Wage (NMW) will also rise, though it applies only to a small number of employees not covered by awards or enterprise agreements.
• Award allowances are yet to be updated and are expected to be released on 1 July 2025.

This annual review ensures minimum wages reflect current economic conditions, inflation, and the cost of living.

What Employers Should Do

• Review and adjust wages for award-covered employees before 1 July 2025.
• Ensure employees on salaries remain better off overall than they would be if they were on hourly rates, taking into account penalties, overtime, and allowances.
• All employers with employees covered by an annualised salary clause in an Award should ensure that they comply with their obligations under that clause.
• Update payroll systems and employment contracts accordingly.
• Be prepared to implement further changes once allowance updates are released.

Failure to comply with minimum wage requirements can result in significant penalties and legal exposure.

Superannuation Guarantee Contribution (SGC) Rate Increase

From 1 July 2025, the Superannuation Guarantee Contribution (SGC) rate will also increase from 11.5% to 12%. Employers must ensure this increased contribution is applied to all eligible employee earnings from that date. This change should be implemented alongside wage increases to ensure full compliance with employer obligations.

Need Assistance?

If you're unsure how these changes affect your business or want to ensure your payroll and employment practices are fully compliant, our team is here to help.

Contact Robert Lamb or John Davies at Hillhouse Legal Partners on 07 3220 1144, or via john@hillhouse.com.au or robert@hillhouse.com.au.

New Seller Disclosure Obligations Commence 1 August 2025 – What You Need to Know

From 1 August 2025, Queensland will introduce a new statutory seller disclosure regime that significantly reshapes the landscape for residential property sales across the state. Under the new laws, sellers will be required to provide prospective buyers with a Seller’s Disclosure Statement before the buyer signs the contract of sale.

What is the Seller’s Disclosure Statement?

The Seller’s Disclosure Statement is a formal, legally mandated document that outlines key information about the property being sold. It is designed to provide buyers with a clear and accurate picture of the property prior to entering a contract —reducing the risk of hidden issues and shifting the burden away from the buyer to conduct extensive investigations.

The Statement must be signed by the buyer before they sign the contract and must be accompanied by a prescribed list of certificates and searches. These include (but are not limited to):

• Current title search
• Registered plan
• Details of registered and unregistered encumbrances
• Details of unregistered leases or private agreements (written or verbal)
• Contaminated land search (where applicable)
• Pool safety certificate (if relevant)
• Local authority road searches
• QCAT proceedings search
• Heritage listing information
• Tenancy agreements
• Current rates and water notice amounts
• Body corporate information, including Community Management Statement (CMS), if applicable

Put simply, the Seller’s Disclosure Statement must be comprehensive, accurate, up-to-date, and complete.

Why Is This Change Being Introduced?

Historically, Queensland has followed a ’buyer beware’ approach—placing the onus on the buyer to uncover issues by conducting searches before or after signing the contract. That approact will no longer suffice under the new laws.

The new disclosure regime reverses this position, placing a statutory obligation on sellers to proactively disclose relevant information. Failure to comply carries serious consequences.

What Happens If Sellers Get It Wrong?

If a seller fails to provide a valid and complete Seller’s Disclosure Statement before the contract is signed, the buyer has the right to:

• Terminate the contract at any time before settlement
• Receive a full refund of the deposit and other monies paid
• Potentially claim compensation for losses caused by the non-disclosure

Importantly, there is no ability to contract out of the requirement. Even if a buyer agrees to waive their right to receive the Statement, such provisions are void and unenforceable.

While limited exemptions apply (such as transfers between related parties), most residential property transactions will be subject to the new regime and must comply.

What Does This Mean for Agents?

Agents play a pivotal role under the new regime. A seller may authorise their agent to prepare and provide the Disclosure Statement on their behalf—but timing, accuracy, and completeness are critical.

• No Disclosure Statement = No valid contract
• Incorrect Statement = Risk of termination and legal consequences
• Outdated Statement = Delays, disputes, or grounds for termination

This change highlights the importance of early preparation and collaboration between sellers, agents, and legal representatives.

How Can We Help?

We understand that the new disclosure regime is extensive and introduces increased responsibilities for both sellers and agents. Our experienced property law team is here to help you navigate the process—from preparing compliant Seller’s Disclosure Statements to ensuring all necessary certificates and searches are in order from the outset.

Avoid unnecessary risk and delays—Let us help safeguard your property transaction.

If you need further information or support preparing a compliant Disclosure Statement, reach out to our experienced property legal team today.  We’re here to guide you through the changes with confidence.

Enduring Power of Attorney (EPOA): What You Need to Know

An Enduring Power of Attorney (EPOA) is a powerful legal document that enables you to appoint a trusted person or people to make decisions on your behalf when you are unable to make your own decisions or, more specifically when you don’t have legal capacity to make decisions yourself. Understanding an EPA’s purpose and implications is vital for protecting your future.

Nominating Attorneys

When making an EPOA, you can appoint one or more people to act as your:

• Financial Attorney – Make financial related decisions on your behalf
• Personal/Health Attorney – Makes personal, welfare and healthcare decision on your behalf

You may choose the same person for both roles or different people for each role depending on your preferences and circumstances.

What is Legal Capacity?

Legal capacity refers to the ability to understand the nature and consequences of your decisions and communicate those decisions effectively.

A loss of capacity can be temporary or permanent. Some examples of conditions that may lead to a loss of capacity include:

• A temporary unconsciousness due to an accident
• Acquired brain injuries
• Progressive illnesses like dementia

Can an Attorney be Appointed if I Don’t Have Legal Capacity?

Once you have lost legal capacity or deemed to have lost legal capacity, you are unable to make an EPOA. Without an EPOA, this means no one is able to make formal decisions on your behalf.

This means your family and friends will need to apply to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as the financial and/or personal/healthcare attorney.

This can often be a drawn out and stressful process for your family and could have been avoided had a valid EPOA been made.

Responsibilities of a Financial Attorney

A financial attorney serves to make financial decisions about you and on your behalf which can include:

• Paying maintenance and accommodation expenses
• Handling investments and financial planning
• Overseeing property transactions such as selling, buying or leasing property
• Completing your tax returns
• Renewing nominations for your superannuation fund

Responsibilities of a Personal/Health Attorney

A personal/health attorney serves to make decisions about your well-being and healthcare which can include:

• Determining where and with whom you live with
• Managing daily lifestyle choices, including diet and clothing
• Approving or declining medical treatments including life-sustaining treatments

Choosing an Attorney

Selecting the right attorney or attorneys is critical. Common choices include:

• A spouse or partner
• A sibling, child, or parent
• A trusted friend or adviser

You can appoint multiple attorneys and decide how they act:

• Jointly – All must agree on decisions
• Severally – Each can act independently
• By Majority – Decisions require a set majority
• A Combination – Tailored to your preferences

When Does an EPOA Take Effect?

• Financial Attorney – You can choose for your financial attorney to act immediately (meaning they can make decisions for you even when you still have legal capacity) or for only when you have lost legal capacity.

• Personal/Health Attorney – Your chosen attorney can only make personal and healthcare decisions when you have lost legal capacity.

Protect Your Future Today

Planning ahead with an EPOA ensures someone has the authority to make decisions for you in unforeseen circumstances and reduces stress for loved ones. To learn more or create your estate plan, contact our experienced Wills and Estates legal professionals.

Plan for Tomorrow, Protect Today: A Practical Estate Planning Checklist

Estate planning is about protecting your loved ones and ensuring your wishes are carried out if you pass away or lose the ability to make decisions. Estate planning involves considering who you will gift your estate to, who will care for your minor children, and who will make important medical and financial decisions on your behalf if you could not do this yourself.

Why Estate Planning Matters

A well-prepared estate plan:

• Safeguards your assets for your chosen beneficiaries
• Appoints trusted decision makers for financial, health, and personal matters
• Reduces legal complications and stress for your family

Succession planning is often complex and involves thorough consideration of both the legal aspects and your personal circumstances.  Professional legal advice is highly recommended to avoid undesired outcomes.

Essential Estate Planning Documents

Preparing an estate plan prevents conflict, provides clarity and offer peace of mind for you and those you care about most.

There are 3 key documents you need to consider when preparing your estate plan.  These are:

1. Your Will

A Will addresses key decisions on what will happen in the event of your passing, including:

• Distribution of assets – specify how and to whom your property and belongings are to be given to
• Executor – appoint someone who will be responsible for distributing your assets and finalising your affairs
• Guardian for children – name a guardian for your children if they are under 18
• Trustee – appoint someone to safeguard your assets on behalf of your beneficiaries if they are under 18

An important part of this process is actually understanding and considering what should be and is in your estate and what your Will can and should deal with.

Remember, a person who loses legal capacity cannot create a Will or consider an estate plan. Preparing your Will when you can ensures your wishes are respected and your estate is protected.

2. Enduring Power of Attorney (EPOA)

An Enduring Power of Attorney allows you to appoint one or more people to make personal, health and financial decisions on your behalf usually if you lose mental capacity. Like a Will, an EPOA must be established while you have legal capacity.

An EPOA does not include detailed medical treatment instructions. If you have strong views on your medical treatment, a separate document known as an Advance Health Directive can be completed.

3. Advance Health Directive (AHD)

An Advance Health Directive lets you outline your preferences for medical treatments and procedures if you become unable to make decisions. The document is designed for you to provide specific details on your healthcare in various scenarios.

4. Superannuation

Your superannuation does not automatically form part of your assets. To ensure your superannuation is distributed in accordance with your wishes, you should consider completing a Binding Death Benefit Nomination (BDBN).

Special Considerations for Business Owners and Trustees

It is vital to plan who will take over your roles and responsibilities if you lose capacity or pass away if you are a:

• Company director
• Trustee of a trust
• Trustee of a self-managed superannuation fund

Start Planning Today

Don’t leave your loved ones vulnerable or risk losing control over your future. Act now to ensure your wishes are respected, your family protected and everything you’ve worked for safeguarded.

Every day without an estate plan is an unnecessary risk. Contact our professional Wills and Estates legal team today to review your current plan or get started on preparing one.

Changes to ATO Clearance Certificates

Changes to ATO Clearance Certificates

The Australian Taxation Office (ATO) has introduced changes to Clearance Certificate requirements for property sales, effective from 1 January 2025. These changes impact all Australian residents (for tax purposes) who are selling or disposing of real property.

To ensure compliance, sellers must obtain an ATO Clearance Certificate and provide it to the buyer at or before settlement. If the seller does not provide this certificate, the buyer or lessee may be required to withhold part of the purchase price and pay it to the ATO. These rules are designed to ensure that foreign residents meet their capital gains tax obligations when selling Australian property.

Previous Requirements for Foreign Resident Capital Gains Withholding

The FRCGW rules were introduced on 1 July 2016 and applied to property transactions valued at $750,000 or more. These rules applied to various property dealings, including:

• Vacant land.
• Residential and commercial properties.
• Certain leases over real property.
• Other transactions involving Australian property.

In respect to the sale or transfer of property, FRCGW applies unless the seller could prove they were an Australian resident for tax purposes. To do this, sellers had to provide from the ATO either:

• a clearance certificate for an Australian resident; or
• a variation notice for a foreign resident.

If neither document was provided, buyers were required to withhold 12.5% of the purchase price and pay it to the ATO.

Changes Effective from 1 January 2025

The ATO has updated the FRCGW requirements to address concerns that the previous withholding rate did not adequately reflect capital gains tax obligations for foreign residents. As a result, the following changes have been introduced:

• The threshold has been reduced from $750,000 to $0, meaning all property sales, regardless of value, are now subject to withholding.
• The withholding rate has increased from 12.5% to 15% of the sale price or if the transaction is not at arm’s length, the market value.

These changes apply to all contracts entered into on or after 1 January 2025.

Importance of ATO Clearance Certificates

All sellers should apply for an ATO Clearance Certificate before settlement to ensure compliance with these new rules.

If a buyer does not receive the certificate at or before settlement, they must withhold 15% of the purchase price and remit it to the ATO.  Buyers who fail to withhold the required amount may face penalties (of up to $3,300 as at the date of this article), along with potential interest charges.

This requirement applies even if the seller is an Australian resident but:

• did not apply for an ATO Clearance Certificate; or
• failed to provide the certificate to the buyer before settlement.

To reclaim the funds withheld, a seller will need to wait until they lodge their income tax return for a financial year.  This can impact financial plans, particularly for those who intend to use the funds immediately after settlement.

Key Considerations for Sellers

• Apply early: Most ATO Clearance Certificate applications are processed within a few days, but some may take up to 28 days.
• No need to wait for a sale: Clearance Certificates are valid for 12 months, so sellers can apply before listing their property.
• Increased withholding: Failure to provide a certificate by settlement will result in a 15% withholding, even if the seller is an Australian resident.

By obtaining an ATO Clearance Certificate in advance, sellers can avoid unnecessary delays and ensure a smooth settlement process.

For further guidance on how these changes affect your property sale, contact Hillhouse Legal Partners.

Rising Threat of Sophisticated Intellectual Property Scams

As we enter the new year, businesses are seeing a concerning rise in the sophistication of scams targeting Intellectual Property (IP) rights.

This article serves as a reminder for businesses to stay vigilant against these emerging scams and offers practical guidance on how to identify and deal with them.

The Increasing Threat: How Scams Are Being Presented

It is becoming increasingly common for businesses with registered IP, such as Trade Marks, to receive unsolicited emails from firms offering IP services. These emails often exploit the fact that contact details for registered IP holders are publicly available through IP Australia’s Trade Mark search register.

These communications typically urge businesses to pay for Trade Mark renewal services, often creating a false sense of urgency. While legitimate IP practitioners may use publicly available registers to find new clients or remind businesses of upcoming deadlines, the cost of such services can often be inflated and subject to negotiation.

However, scammers are also targeting these public registers, particularly focusing on new Trade Mark applications or existing registrations nearing important dates, such as renewals. Recently, we've seen more sophisticated scams where fraudsters impersonate government agencies or established legal firms, a trend that IP Australia has flagged as a growing concern (Scams related to managing IP Rights, IP Australia).

link: https://ipaustralia.gov.au/about-us/doing-business-with-us/fraud-and-corruption/scams-related-to-managing-ip-rights

Recognising Scam Red Flags

A recent example of a scam involved an individual posing as an IP practitioner, claiming they had been contacted by a third party to file a Trade Mark application. The scammer then offered to file an urgent Trade Mark application for the business - threatening to file the application on behalf of the third party if the business didn’t act quickly. The email also included threats of legal action and cease and desist orders if the business did not pay for IP services.

Common warning signs of IP-related scams include:

• False or misleading information
• Documents with watermarks designed to impersonate government bodies or law firms
• Urgent requests for action, such as filing a Trade Mark application or paying an inflated invoice

Scammers often target businesses during key periods, such as when new IP rights are being filed or when renewals are approaching. Businesses should be especially cautious during these times.

How to Protect Your Business

If you receive a suspicious email, follow these steps to safeguard your business:

1. Do not respond to unsolicited communications without first verifying the sender. A simple Google search of the claimed firm or checking the IP Australia Trade Mark register can help confirm the legitimacy of the message.
2. Consult your trusted legal adviser or an official source if you have doubts about any correspondence concerning IP rights.
3. Be cautious when considering overseas legal services in relation to IP matters, as some scams involve services from international firms.
4. Exercise caution - always verify before responding to any requests or paying invoices.
5. Contact your IP solicitor if you're unsure whether an email is a scam. They can help confirm if the correspondence is legitimate.

How We Can Help

At Hillhouse Legal Partners, we’re here to help you navigate and protect your intellectual property. Whether you have questions about your IP rights, need professional guidance with applications, or are due for a renewal, we’ve got you covered. Reach out today to Zach Sudiro, John Davies, or Craig Hong.  We're here to provide the support you need to keep your business safe and thriving.

Legal Alert: PCBUs Now Required to Implement Sexual Harassment Prevention Plan

From 1 March 2025, Persons Conducting a Business or Undertaking (PCBU) must prepare and implement a Prevention Plan to manage the risk of sexual harassment and sex or gender-based harassment in the workplace, as mandated by section 5 of the Work Health and Safety Act 2011 (Qld).

Before putting a Prevention Plan in place, the PCBU are required to consult with their employees on its terms and process, ensuring compliance with the consultation se out in the Act.

The Prevention Plan must:

• be in writing;

• state each identified risk;

• identify control measures implemented to manage identified risks;

• identify considerations required to be made in determining control measures (for example specific vulnerabilities such as age or LGBTQIA+ status of workers, and the workplace environment);

• describe the consultation process undertaken when devising the Prevention Plan;

• develop procedures for managing reports of sexual harassment or sex or gender-based harassment; and

• be set out and expressed in a way that is readily accessible and understandable to workers.

The PCBU must:

• take reasonable steps to make workers aware of the Prevention Plan and how to access it; and

• review the Prevention Plan in the event of:
  • a report of sexual harassment or sex or gender-based harassment; or
  • a request from a health and safety committee or representative; or
  • at least once every three years.

A fine of up to 60 penalty points, currently equivalent to $9,678, may be imposed on non-compliant PCBUs for failure to:

• prepare a Prevention Plan;  

• implement the Prevention Plan;  

• make workers aware of the Prevention Plan; or

• review the Prevention Plan when required.

Queensland businesses should promptly begin the consultation process and prepare a prevention plan if they have not already.

Workplace Health and Safety Queensland has published useful resources including a guide, template, and example Prevention Plan on its website, which you can access here. Care should be taken when using a precedent plan, as it may not be sufficiently tailored to your business.

For further guidance on your obligations regarding the Prevention Plan or other employment law matters, please contact John Davies or Robert Lamb on 07 3220 1144.

Simplifying Wills and Estates: 6 Steps to Writing Your Will

When it comes to protecting your loved ones and your legacy, having a clear and comprehensive Will is one of the most important steps you can take. Whether your financial situation is simple or complex, an up-to-date Will provides clarity, reduces stress and ensures your wishes are respected.

6 Key Steps to Writing Your Will

Creating a Will doesn’t have to be overwhelming. Follow these essential steps to ensure your estate is handled according to your intentions.

1. Select Your Beneficiaries

Think about everything you own—your assets, property, savings, shares and more. Decide who you would like to provide for and nominate them as beneficiaries. This may include loved ones, friends or perhaps charities you are passionate about. Beneficiaries are the individuals or entities who will receive their share of your estate as specified in your Will.

2. Decide How You Want Your Estate Distributed

Consider how you want your assets divided. This could include:

• Specific gifts - a designated amount of money, property or valuable item
• Residual gifts - the remainder of your estate after specific gifts and debts are accounted for
• Percentage gifts - a percentage of your total estate to certain individuals or entities
• Whole estate - leaving everything to a single beneficiary, such as a spouse or charitable cause

Don’t forget about your superannuation, which isn’t automatically covered by your Will. You may need a binding nomination to direct your super to your estate.

3. Choose an Executor

Your Executor is responsible for administering your estate. This includes:

• Organising your funeral
• Managing and distributing assets
• Paying debts and taxes
• Resolving any disputes
• Distributing gifts you make ion your Will

Choose someone trustworthy, capable and willing to act. Many people select a close family member or friend, but professional support from legal or financial advisers can help navigate complexities. If you don’t have a suitable nominee, a professional can be appointed -  though fees will apply.

4. Appoint Guardians for Minor Children

If you have children under 18, appointing a guardian is crucial. Choose someone you trust to care for your children and make key decisions about their upbringing, education and welfare.

5. Write Your Will with a Legal Professional

A Will is a vital personal document that reflects your values and relationships. It must be carefully written to:

• Precisely capture your wishes
• Ensure professional and efficient estate administration
• Thoughtfully address all your assets and chosen beneficiaries

Estate disputes are common when a Will is unclear or poorly drafted. Working with a legal professional:

• Reduces the risk of misunderstandings
• Minimises delays and costs
• Provides peace of mind for you and your family

Legal experts ensure your Will is properly structured and comprehensive. They help safeguard your estate, prevent conflict and guide executors through the process with confidence.

Don’t leave your legacy to chance. Professional guidance is key to a smooth estate administration.

6. Sign Your Will Correctly

For your Will to be valid, it must be:

• Signed in front of two independent witnesses over 18 who are not beneficiaries
• Signed on every page, with the final page dated

Keep It Safe

Store your Will securely. It is important that your original Will be kept in a location that protects it from damage as any damage may invalidate your Will. Many people choose to keep it with their lawyers. Inform your executors where the original is kept for easy access when required and if you are comfortable, provide them with a copy.

Common Mistakes After Signing a Will

It is important that your original Will be kept blemish free as this may invalidate your Will. Blemishes include:

• Removal of staples to photocopy or scan the Will – staples should never be removed once stapled
• Micro tears on any pages
• Clipping the Will to other documents, leaving indentations or rust marks

Next Steps

Life changes - so should your Will. Review your Will after significant life events like marriage, divorce, the birth of a child or death in the family. Even without major changes, a review every five years ensures your wishes are current.

We’re Here to Help

Our experienced Wills and Estates team can guide you every step of the way. We’ll ensure your Will is clear, legally sound, and reflects your intentions. Don’t leave your estate to chance - contact us today to get started or update your Will.

Take control of your legacy. Contact us now on reception@hillhouse.com.au to protect your loved ones, your legacy and your peace of mind.