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Nicole Treacey

LLB, LLM (Applied Law) majoring in Estate Planning

Special Counsel - Brisbane

Areas of Expertise

Private Client Practice, Superannuation, Funds Management & Financial Services

Expertise

Nicole is a Special Counsel within our Disputes Resolution and Litigation group.  She is an experienced succession lawyer, with several years of experience across probate & estate administration, complex estate and business succession planning and estate litigation.

Nicole collaborates with advisors to ensure all parties are working together to achieve the same goals and objectives for her clients’ wealth protection when it transfers to the next generation.

Nicole has developed a strong following of clients who work in the medical profession, as she understands the time-pressures they face and the complexity of their structures. Nicole is known by her clients for being accessible and making the estate planning process easier.

Nicole’s experience in winding up businesses and medical practices on a key person’s death means she knows what businesses need to do to prepare to safeguard against disruption on the death of a key person. Her experience also means Nicole knows the critical steps that need to be taken in the event of an unexpected death of a key person.

Nicole has a strong profile with clients on the Gold Coast and is on the Gold Coast on a regular basis, and her time spent working in New South Wales makes it easier to service clients who are just across the border.

Experience

Nicole's experience includes the following:

Estate administration and crisis management

  •  administering an estate on the sudden death of a key person in a large construction company that was mid-way through a large project, including issues such as accessing bank accounts, payroll, advice on director duties, licensing issues with regulator and continuity of the business
  • winding up medical practices
  • probate applications
  • insurance claims. 

Estate planning

  • being involved in a number of complex family business succession transactions to achieve overall fairness between family members (particularly factoring in the rights of the children who have worked in the business)
  • establishing Special Disability Trusts
  • advice on asset protection
  • all aspects of estate planning including testamentary trust Wills and Enduring Powers of Attorney and Binding Death Benefit nominations
  • business succession deeds (buy-sell) and shareholder agreements. 

Estate litigation

  • proof in Solemn Form Application by an adult son who claimed his mother did not understand English when she signed her Will, despite having lived in Australia for over 40 years
  • recovery of monies withdrawn from bank accounts under an Enduring Power of Attorney that had not been properly accounted for
  • clawing back assets into an estate that had been gifted under duress/undue influence
  • constructive trust/promissory estoppel settlement – promises made to leave property on death but then failed to do so
  • New South Wales family provision application involving overseas assets
  • dispute over the construction and interpretation of a Will (NSW). 


Publications

29 July 2020 - Knowledge

Organ donation and deemed consent: A new world order on the horizon?

#Private Client Practice

We take a close look at Australia’s organ donation program and outline key legal considerations potential donors need to be mindful of before they "opt-in".

20 July 2020 - Knowledge

High steaks: Fairyland dispute headed for the High Court

#Agribusiness, #Private Client Practice

A recent Queensland Court of Appeal decision illustrates the need for effective forward-planning to save farming families time and costs later.

02 June 2020 - Knowledge

Forfeited inheritance? Another short-straw for medical professionals

#Private Client Practice, #COVID-19

People carry risk in their professional lives, often without contemplating how things might transpire in the event that they find themselves being personally sued for any reason.

27 April 2020 - Knowledge

Pouring from an empty cup

#Agribusiness, #COVID-19

Parents may see their children suffering through this COVID-19 crisis and be tempted to offer, or be asked, to render financial assistance. Exercise caution, seek advice on any proposed help, and be careful not to let the instinctive pull of your parental protectiveness overwhelm your own necessities.

27 March 2020 - Knowledge

Alternative investments with self-managed super – is this too good to be true?

#Superannuation, Funds Management & Financial Services, #Private Client Practice

Construction funding has become more restricted over the last few years, leading property developers to seek out alternative means to get projects off the ground.

20 March 2020 - Knowledge

Planning for isolation

#Corporate & Commercial Law, #Private Client Practice, #COVID-19

Much has been made of panic buying as many Australians rush to protect their families from the perceived risk of dwindling supplies, whether that fear is reasonable or not. But what about protecting your family financially? Economic risk is not the only issue being faced.