Darren Hayes : Senior Associate

Firm Practice Areas:

Darren Hayes, Senior Associate at Walsh Halligan Douglas is a Queensland Law Society (QLS) Succession Law Accredited Specialist.  Darren is experienced in all aspects of estate planning, estate administration and estate litigation. He is the Team Leader of our Wills and Estate group where he assists a wide range of clients with their personal service needs.

In 1989, he was awarded a Bachelor of Laws (LLB) degree from the Queensland University of Technology (QUT), and was admitted as a Solicitor of the Supreme Court of Queensland in 1991.

Darren has advised individuals, trustee companies, accountants, financial advisors and other legal firms and their clients. He has more than 16 years experience in advising on the preparation and the construction of Wills, as well as the administration of estates and trusts.

He has appeared as a Solicitor Advocate in the Queensland District and Supreme Courts, and the Guardianship and Administration Tribunal.  He has also provided expert evidence and advice to the Tribunal on capacity issues, enduring and general powers of attorney, and the legal considerations relevant in cases of misuse and misappropriation.

Darren’s expertise in creating strategies to protect clients’ wealth, means he is in regular demand to give seminars on Will making, estate planning and estate litigation to members of the legal profession.  He has been a guest speaker at the University of Queensland’s TC Beirne School of Law, Professional Legal Education and Training (PLEAT) program.

The services provided by the Wills and Estates team, can be broken down into three general areas of practice:

1.         Contentious Estate and Trust Litigation:-

• Family Provision Claims;
• Cy-Pres Applications;
• Paternity Claims;
• Construction of Wills;
• Rectification of Wills;
• Forfeiture for unlawful killing;
• Breach of fiduciary duty;
• Constructive Trust claims;
• Proof of Will in Solemn Form;
• Guardianship and Administration Tribunal Hearings;
• Application for directions of the Court;
• Appeals from the Guardianship Tribunal; and
• Appearing as Friend of the Court. 

2.         Non Contentious:  Advisory Services

(a)     Advising Executors in respect of their duties:

• Arranging the funeral;
• Listing assets and liabilities and preparing documents for Probate;
• Attending to specific requests;
• Attending to transfer or sale of assets in the estate;
• Arranging the completion of tax returns;
• Preparation of accounts and distribution of funds in the estate; and
• Claiming Executor's commission.

(b)      Providing advice on:

• Administering assets within a trust or estate;
• Agency appointments;
• Legal incapacity;
• Testamentary Trusts;
• Guardianship;
• Pension advice;
• Duties of an attorney;
• Retirement village contracts;
• Supported accommodation;
• Special Disability Trusts;
• Self Managed Superannuation;
• Claiming Pensions and Life Insurance; and 
• Death Benefits.

3.         Personal Services and Appointments:

• Establishing Testamentary Trusts; 
• Amending or altering an existing Will;
• Advice in relation to challenging a Will;
• Advice on dealing with non-estate assets, such as family trust assets, superannuation benefits and life insurance;
• Holding of Wills and other important documents in our safe custody;
• General Power of Attorney;
• Enduring Power of Attorney;
• Revocation of Appointment of Attorney; and
• Advance Health Directives (Medical) .

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