Fallu McMillan Lawyers

Fallu McMillan Lawyers Fallu McMillan is a boutique, Ipswich based law firm with nearly 90 years of service to the community. Serving the Ipswich Community for over 80 years

"The trust isn't yours, so it can't be touched in a divorce." It's a common assumption in family wealth planning, and a ...
23/08/2026

"The trust isn't yours, so it can't be touched in a divorce." It's a common assumption in family wealth planning, and a recent court decision shows it doesn't always hold up.

A recent appellate decision of the Federal Circuit and Family Court of Australia, Caldwell & Caldwell [2026] FedCFamC1A 81, should prompt a serious rethink of that assumption.

What mattered was capability, not history.

If your family has wealth tied up in a trust structure,this case is worth understanding.
Read our full breakdown on our website:
https://www.fmlaw.com.au/quick-read-blogs/what-caldwell-caldwell-means-for-queensland-families/

You've just found out you're the executor. Here's where to start.If that's you right now, we're sorry. Losing someone cl...
17/08/2026

You've just found out you're the executor. Here's where to start.

If that's you right now, we're sorry. Losing someone close is hard enough without a legal role landing on your shoulders at the same time. The good news: being an executor is manageable when you take it one step at a time, and you don't have to do it alone.

Start with the practical things, not the legal ones. In the first week, the priorities are arranging the funeral, finding the original will (it names you as executor and gives you the authority to act) and securing the home and belongings: locking up, keeping the insurance running, looking after any pets. One tip that saves people weeks later: order several certified copies of the death certificate. The funeral director usually arranges this, and every bank and super fund will want their own copy.

The frozen account panic is usually nothing to worry about. Accounts in the deceased's sole name are frozen until the estate is sorted, but most banks will pay the funeral invoice directly from that account once you show them the bill and the death certificate. Anything held jointly, say with a spouse, generally isn't frozen at all.

Probate isn't always needed. It depends on what was owned, not just on whether there's a will. A house in the deceased's sole name or larger bank balances usually need a grant of probate from the Supreme Court. Smaller or jointly held assets often don't. Worth a quick chat early so you're not chasing paperwork you never needed.

Don't rush to hand out the money. It feels kind to distribute quickly, but Queensland gives eligible people a set window from the date of death to make a family provision claim against the estate, and an executor who pays out too early can end up personally liable. Get advice before distributing, especially if anyone hints at a claim.

Your job as executor is to gather in the assets, pay the debts and any tax, then pass on what's left to the right people, keeping good records as you go. There's time to do it properly.

If you're holding a will with no idea where to start, that's the most normal thing in the world. It's our most common call. We're always happy to talk it through and tell you what actually needs doing.

(07) 3281 2677
fmlaw.com.au

General information only, not legal advice.

A will doesn't automatically update once someone loses the capacity to update it themselves. The Court can order that a ...
12/08/2026

A will doesn't automatically update once someone loses the capacity to update it themselves.

The Court can order that a will be made or altered, in terms it approves, on behalf of a person without testamentary capacity, or that a will (or part of one) be revoked on their behalf.

A statutory will is most commonly sought where an existing will (or the absence of one) no longer reflects reality, a beneficiary has died, a relationship has broken down, a new carer or partner has emerged, or a substantial asset has come into the estate after the person lost capacity.

Read the full breakdown of how the jurisdiction works and what the Court needs to be satisfied of on our website:

https://www.fmlaw.com.au/quick-read-blogs/statutory-wills-in-queensland-when-the-court-can-step-in-to-make-a-will/

Today, August 8, is Dying to Know Day, a national day dedicated to opening up conversations about death, dying and end o...
07/08/2026

Today, August 8, is Dying to Know Day, a national day dedicated to opening up conversations about death, dying and end of life planning.

It's not the easiest topic to bring up, but having a valid, up to date will is one of the simplest ways to protect the people you care about.

If it's been a while since you looked at yours, or you don't have one yet, our wills and estates team can help.

https://www.fmlaw.com.au/
(07) 3281 2677

Fallu McMillan is sponsoring Back to Limestone, a conference marking 200 years since the first European settlement in Ip...
05/08/2026

Fallu McMillan is sponsoring Back to Limestone, a conference marking 200 years since the first European settlement in Ipswich. It is jointly run by the Royal Historical Society of Queensland and the Ipswich Historical Society.

The day brings together twelve talks from local historians and community figures, covering everything from early coal mining and the railways to colonial history and even the history of dance in Ipswich.

As a long-standing Ipswich firm, we are honoured to support an event celebrating the history and heritage of the community we’ve served for so many years.

Details:
Saturday 5 September 2026
Dandiiri Room, 1 Nicholas Street, Ipswich
8:30am to 4:15pm
$35 per person, free for high school students

https://www.fmlaw.com.au/quick-read-blogs/fallu-mcmillan-lawyers-proud-to-support-ipswichs-bicentenary-celebration/

When your family is going through change, you want someone who knows this area inside out and takes the time to listen a...
03/08/2026

When your family is going through change, you want someone who knows this area inside out and takes the time to listen and explain things clearly.

Meet Amity Anderson, one of two Accredited Family Law Specialists at Fallu McMillan Lawyers. Alongside David Love, Amity guides clients through divorce, separation and parenting arrangements with clarity and genuine care.

Family matters are hard enough. Having the right person beside you makes the difference.

Have a question about where you stand? Book an initial consultation.
https://www.fmlaw.com.au/

We are hiring! Want to be a part of the Fallu McMillan team? We are looking to add to our Family, Property and Wills and...
26/07/2026

We are hiring!

Want to be a part of the Fallu McMillan team? We are looking to add to our Family, Property and Wills and Estates Teams. If you or someone you know wants to find out more about the roles on offer, get in touch through our careers page.

https://www.fmlaw.com.au/careers/

From 1 July 2026, new anti money laundering laws apply to law firms across Australia, and that includes us.For certain m...
21/07/2026

From 1 July 2026, new anti money laundering laws apply to law firms across Australia, and that includes us.

For certain matters, mainly property, business purchases and setting up trusts or companies, we are now required to verify your identity, understand where your funds are coming from and ask a few extra details about your transaction.

We're not doubting you. These laws exist to help stop money laundering, terrorism financing and other serious crime, and every firm has to follow them.

Not every matter is affected. Things like family law, criminal defence and general advice usually sit outside these obligations.

Our latest quick read explains what we will ask for, why, and what it means for your matter. The sooner you have your documents ready, the sooner we can act for you.

Read the full quick read. Link in comments.

https://www.fmlaw.com.au/quick-read-blogs/yes-were-going-to-ask-where-your-money-came-from-heres-why/

15/07/2026

Dear valued clients,

We are currently having technical difficulties with our phones. We apologies for any inconvenience.

If your matter is urgent, please send us an email [email protected]

Kind regards,
Fallu McMillan Lawyrs

Address

233 Brisbane Street
Ipswich, QLD
4305

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5pm
Wednesday 8:30am - 5pm
Thursday 8:30am - 5pm
Friday 8:30am - 5pm

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