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Succession planning for sole director/members — do you have a valid Will?

Last revised on : 21-07-2016
If you are a sole director and shareholder of a company, have you considered making a Will? Making a Will through Cleardocs is a simple, stress-free and cost-effective process. Indiana Bridges, Thomson Reuters

If the sole director and shareholder of a company die without leaving a will, the risk of uncertainty regarding the operation of the company is much greater because:

  • there is no one with the legal authority to make financial or business decisions on behalf of the company;
  • the company cannot be easily sold, as there is no legal owner of the shares who could authorise their transfer; and
  • it takes time (several months) to apply to the Supreme Court for letters of administration to manage the director's estate and during this time, the reputation of the company can also be severely impacted.

ASIC's information sheet: Importance of sole company directors/shareholders having a will outlines some of these issues.

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Lawyer in Profile

Julia Tonkin
Julia Tonkin
Partner
+61 3 9258 3318
julia.tonkin@maddocks.com.au

Qualifications: BA, LLB, University of Melbourne

Julia is a Partner in Maddocks Corporate and Private Clients team. Julia has extensive expertise in:

  • estate planning, structuring for succession of ownership and control of private and family businesses.
  • charities and not-for-profit space.

Julia's clients include high net worth individuals and families and privately held businesses.

Clients value Julia's empathic, common sense yet technically sound approach to complex legal (and often interpersonal) issues.

She has been recognised as an Accredited Specialist by The Law Institute of Victoria with an accreditation in Wills & Estates Law. She has also been recognised in Doyles Guide for Wills, Estates & Succession Planning Law Recommended - Victoria in 2023.

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