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Losing someone you love is difficult enough without facing uncertainty about their estate.If a Will doesn't reflect your...
02/06/2026

Losing someone you love is difficult enough without facing uncertainty about their estate.

If a Will doesn't reflect your relationship with the deceased, your contributions to their life, or your financial needs, it can feel both shocking and deeply unfair.

Perhaps you cared for them for years. Perhaps you were financially dependent on them. Or perhaps you were left out of the Will entirely.

What many people don't realise is that Queensland law recognises that proper provision is not always made. Under the Succession Act 1981 (Qld), certain eligible people may be able to contest a Will by making a family provision claim.

These claims are designed to ensure that adequate provision is made for eligible family members and dependants where the circumstances justify it.

Importantly, strict time limits apply. In most cases, you have only 9 months from the date of death to commence proceedings, which is why obtaining legal advice as early as possible is critical.

If you'd like to discuss whether you may have a claim, we're here to help. Talk to us today. Call:(07) 5621 3799 or visit: www.fjlegal.com.au

Running a business means trusting the people you turn to for advice — and earning that trust again, matter after matter,...
31/05/2026

Running a business means trusting the people you turn to for advice — and earning that trust again, matter after matter, is something we never take for granted. Thank you, Nathan. It's been a pleasure working alongside you and your businesses, and we're grateful for your continued confidence in the team.

Yes. In Australia, separation is about the relationship ending — not about moving out. Many couples separate while still...
28/05/2026

Yes. In Australia, separation is about the relationship ending — not about moving out. Many couples separate while still living under one roof, often for financial reasons or for the children's stability. This is recognised as "separation under one roof."

What matters is that the relationship has genuinely ended and that you're living separate lives within the home — sleeping arrangements, finances, social activities and how you present to others all help show this.

The catch? Because it isn't obvious from the outside, you may need evidence of the separation date later — particularly for divorce or property matters. Keeping a clear record from the start makes everything simpler down the track.

If you're separated but staying in the home for now, a quick conversation can help you protect your position.

Let's talk: https://www.fjlegal.com.au/contact-us/

Being named the executor of someone's Will can feel like a quiet honour — until you're suddenly responsible for it, ofte...
26/05/2026

Being named the executor of someone's Will can feel like a quiet honour — until you're suddenly responsible for it, often while still grieving the person who chose you.

Many executors don't realise how much the role involves. You may need to apply for a grant of probate — the Supreme Court's formal recognition that the Will is valid and that you have authority to act. From there, you're responsible for locating assets, paying debts and any tax, keeping proper records, and distributing the estate to beneficiaries correctly.

It's a genuine legal responsibility. Mistakes — even honest ones — can leave an executor personally exposed.

The good news is that you don't have to carry it alone. At Frigo James Legal, our Wills & Estates team guides executors through every step, taking the legal and administrative weight off your shoulders so you can focus on family.

If you've been appointed an executor and aren't sure where to begin, we're here. Call:(07) 5621 3799 or visit: www.fjlegal.com.au

Binding Financial Agreements (BFAs) offer a clear roadmap for your financial future, both during and after a relationshi...
24/05/2026

Binding Financial Agreements (BFAs) offer a clear roadmap for your financial future, both during and after a relationship.

While once viewed as only for complex or high net worth circumstances, BFAs are now widely recognised as a proactive tool to provide certainty and avoid potential disputes down the track.

In the event of a relationship breakdown, these agreements allow couples to decide how assets and liabilities will be divided, rather than leaving it to the courts.

The Family Law Act 1975 provides the framework for these agreements, ensuring they are legally binding if properly prepared and signed. A well-drafted BFA can save significant emotional and financial stress if a relationship unfortunately ends, offering a sense of control and peace of mind.

Understand more about Binding Financial Agreements: https://www.fjlegal.com.au/binding-financial-agreements/

Talk to the team today at Frigo James Legal. Call:(07) 5621 3799 or visit: www.fjlegal.com.au

Dealing with defective building work on your Gold Coast property can be incredibly frustrating and costly. You've invest...
22/05/2026

Dealing with defective building work on your Gold Coast property can be incredibly frustrating and costly.

You've invested time and money, and the last thing you expect is poor workmanship or materials that fail to meet standards.

In Queensland, your rights as a property owner against defective building work are protected by consumer guarantees under the Australian Consumer Law (ACL) and specific legislation related to the building industry.

Understanding these rights is key to pursuing remedies, whether that's repairs, compensation, or other solutions.

Don't let defective building work become a long-term headache. The sooner you understand your options, the better your position. Our litigation team can help you navigate these claims, from initial assessment to resolution.

Talk to the team today at Frigo James Legal. Call:(07) 5621 3799 or visit: www.fjlegal.com.au

Many clients come to us wondering if their superannuation is safe from a property settlement after separation. In Queens...
20/05/2026

Many clients come to us wondering if their superannuation is safe from a property settlement after separation. In Queensland, the short answer is: probably not.

Superannuation is treated as property under the Family Law Act 1975 and is often one of the most significant assets considered during a property settlement. It can be split between separating couples, regardless of whose name it's in, to achieve a just and equitable outcome.

This doesn't mean it's automatically divided 50/50. The court considers various factors, including financial and non-financial contributions, and the future needs of both parties. Understanding your rights and obligations regarding superannuation is vital for a fair property settlement. Our team can help you navigate this complex area.

For more information on superannuation and property settlements, read our article: https://www.fjlegal.com.au/does-my-superannuation-form-part-of-a-property-settlement/

Talk to the team today at Frigo James Legal. Call:(07) 5621 3799 or visit: www.fjlegal.com.au

For decades, testamentary trusts have been one of the most trusted tools in Australian estate planning — offering famili...
19/05/2026

For decades, testamentary trusts have been one of the most trusted tools in Australian estate planning — offering families flexibility, asset protection, and meaningful tax advantages for the next generation.

The 2026 Federal Budget has changed the landscape.

From 1 July 2028, a new 30% minimum tax is proposed to apply to discretionary trust income. Existing discretionary testamentary trusts — and assets already held within them as at 12 May 2026 — are expected to be grandfathered. However, discretionary testamentary trusts established after budget night are intended to fall within the new regime.

For Queensland families, this raises important considerations.

If your Will establishes a discretionary testamentary trust for your children or grandchildren, the tax outcomes you may have been planning for could look very different under the proposed rules. And with key details still to be confirmed in draft legislation, obtaining careful legal advice now is more important than ever.

The good news? Your Will can often be reviewed and structured to give your executors and trustees flexibility as the law develops — helping protect your family regardless of how the final legislation is framed.

If your Will includes a testamentary trust, or you’ve been considering one, now is the time to revisit your estate plan.

Book a review with our Wills & Estates team:
https://www.fjlegal.com.au/contact-us/

Queensland's trust laws just had their biggest overhaul in more than 50 years — and if your estate plan involves a trust...
17/05/2026

Queensland's trust laws just had their biggest overhaul in more than 50 years — and if your estate plan involves a trust, it matters.

The new Trusts Act 2025 (Qld) commenced on 28 April 2026, replacing the long-standing Trusts Act 1973. The reforms are designed to bring Queensland in line with modern trust practice, and the changes are significant.

A few of the key shifts:

⚖️ Trustees now have broader powers when dealing with trust property — closer to those of an absolute owner, subject to fiduciary duties and the trust instrument

⚖️ Trustee duties are now set out explicitly in legislation for the first time, bringing more clarity and accountability

⚖️ New eligibility rules restrict who can act as a trustee — minors, those insolvent under administration, and people disqualified by court order are barred

What does this mean for you? If you have a testamentary trust in your Will, a family trust, or any structure that holds assets for your loved ones, this is a good moment to take stock. A plan drafted under the old Act may still work — but it may not work as well as it could under the new framework.

At Frigo James Legal, our Wills and Estates team can review your existing arrangements, explain what's changed in plain English, and make sure your plan still does what you want it to do.

If it's been a while since you've looked at your estate plan, now's the time: https://www.fjlegal.com.au/contact-us/

Changes to how de facto relationships are treated in property settlements mean what worked years ago might not protect y...
15/05/2026

Changes to how de facto relationships are treated in property settlements mean what worked years ago might not protect you now.

The law has evolved to better recognise the diverse nature of relationships and contributions. Where once a long-term de facto couple might have faced an uphill battle, current legislation aims for a more equitable division, similar to married couples. This includes a shift towards considering indirect contributions more broadly.

If you're in a de facto relationship, or recently separated, understanding the current legal landscape in Queensland is crucial.

Talk to the team today at Frigo James Legal. Call:(07) 5621 3799 or visit: www.fjlegal.com.au

Address

Suite 101, Level 1, 203 Robina Town Centre Drive
Robina, QLD
4226

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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+61756213799

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