Darren Hayes

Darren Hayes is a Special Counsel with extensive experience in wills, estates, and trust law. He has returned to private practice in Australia after contributing significantly to the development of trust and estate administration laws in the Pacific region, having worked as a technical advisor to the Governments of Samoa and Papua New Guinea. Darren played a pivotal role in modernising their legal frameworks, preparing will and estate precedents, and providing tailored training to enhance the administration of intestate estates. His work also included drafting key governance documents such as the Statement of Corporate Objectives, Board Rules, and Code of Conduct for the Public Trustee of Samoa and the Public Curator of Papua New Guinea. In the area of litigation, Darren has prepared, advised on, and appeared in numerous guardianship proceedings, incapacity, and advocacy matters within the Supreme Court. He has managed a broad spectrum of claims involving estates, handling complex challenges to estate validity and administration. His litigation experience spans appearances in Queensland courts, including the Supreme, District, Magistrates, and Family Courts, as well as tribunals such as the Guardianship and Administration Tribunal and the Anti-Discrimination Tribunal. Darren’s expertise in wills and estate planning is demonstrated by his personal involvement in the preparation of hundreds of Enduring Powers of Attorney. He has developed specialised clauses for a variety of transactions undertaken nationally by attorneys and has established will-making precedents while training staff in Australia and the Pacific. His supervision and drafting of thousands of wills include intricate testamentary discretionary trusts. He provides comprehensive estate planning advice for high net worth clients, often with assets held across multiple jurisdictions. His estate administration experience is extensive, covering the obtaining of Probate and Letters of Administration across all Australian states and territories. Darren has also facilitated the resealing of grants in foreign jurisdictions and provided guidance on administering real and personal property internationally. He has advised national charities, trustee companies, and executors on the implications of Uniform Succession Law legislation and offers in-depth advice on challenging estate administration matters. Darren’s business and personal succession advice encompasses estate and business succession planning, including every form of express trust and philanthropic structure. He is well-versed in the laws affecting international and national FIFO personnel and the protection and administration of assets across numerous foreign jurisdictions including the USA, UK, Russia, France, Singapore, New Zealand, and Papua New Guinea. His experience extends to managing SMSF matters such as changes of control, trustee removal, and transitional arrangements. Additionally, Darren has advised on the restructuring of complex business arrangements for individuals who have lost capacity or whose structures require modernisation to comply with current company, tax, and trust laws. This often involves coordinating with financial, accounting, tax, and business professionals to ensure efficient and compliant solutions for clients.