Insights

Frequently Asked Questions

  • A valid Will allows you to decide how your assets will be distributed after your death, who will carry out your instructions and administer your estate and, where applicable, who will care for your minor children. Without a valid Will, your estate will generally be distributed according to the relevant succession laws, which may not reflect your wishes.

  • You should review your Will whenever significant life events occur, including marriage, divorce, the birth of children or grandchildren, acquiring or selling major assets, or changes in your financial or family circumstances. Regular reviews help ensure your estate plan remains appropriate.

  • If a person dies without a valid Will, they are considered to have died intestate. Their estate will generally be distributed according to legislation rather than their personal wishes. This can lead to delays, increased costs and outcomes that may not align with what the deceased intended.

  • Probate is the legal process of confirming the validity of a deceased person's Will and authorising the executor to administer the estate. Financial institutions and other organisations often require a grant of probate before releasing estate assets. Where the deceased owned real property in their sole name, the title generally cannot be transferred to a beneficiary or purchaser until probate has been granted and the executor is authorised to deal with the property.

  • In certain circumstances, eligible individuals may be able to challenge a Will or make a family provision claim if they believe they have not been adequately provided for. Whether a claim can be made depends on the specific facts and the applicable legislation.

  • An executor is responsible for administering the deceased person's estate, including identifying assets, paying debts, obtaining a grant of probate where required and distributing the estate to beneficiaries in accordance with the Will.

  • An Enduring Power of Attorney is a legal document that allows you to appoint a trusted person or persons to make financial and personal decisions on your behalf if you lose the capacity to make those decisions yourself. This may include managing your finances, dealing with property, paying bills or making other personal decisions in accordance with your wishes. Having an Enduring Power of Attorney in place provides certainty, helps avoid delays in managing your affairs and ensures that someone you trust can act in your best interests when you are unable to do so.

  • An Appointment of Medical Treatment Decision Maker allows you to appoint a trusted person or persons to make medical treatment decisions on your behalf if you lose the capacity to make those decisions yourself. Your appointed decision maker can communicate with your healthcare providers and make decisions based on your known values, preferences and best interests. It helps ensure your healthcare wishes are respected and can provide guidance and reassurance to your loved ones during difficult circumstances.

Wills & Estates

Private Wealth & Family Office

  • Private wealth legal services focus on protecting, managing and transferring wealth across generations. This may include asset protection, succession planning, trusts, estate planning, tax-effective ownership structures, philanthropic arrangements and governance advice.

  • A family office is a dedicated framework established to coordinate and manage the financial, legal, investment and administrative affairs of a family, often across multiple entities, trusts and generations. Depending on the family’s needs, it may oversee investments, asset protection, estate and succession planning, family governance, risk management, philanthropy and the preservation and transfer of wealth.

    A family office may be established for a single family or operate through a multi-family office serving several families. Its structure and functions should be tailored to the family’s assets, objectives, governance arrangements and long-term succession requirements.

  • Succession planning helps ensure the orderly transfer of ownership and management of family assets or businesses. A well-structured succession plan can reduce uncertainty, minimise disputes and preserve wealth for future generations while reflecting the family's long-term objectives.

  • Wealth and estate planning arrangements should be reviewed regularly, particularly following significant changes in personal, family, financial or business circumstances. These may include acquiring or disposing of major assets, changes to business or investment structures, amendments to tax or succession laws, marriage, separation or divorce, the birth of children or grandchildren, or the death or incapacity of a family member.

    Regular reviews help ensure that your estate plan, ownership structures and succession arrangements remain appropriate, effective and aligned with your personal, family and commercial objectives.

  • Yes. Effective private wealth, estate and succession planning often requires close collaboration between lawyers, accountants, financial advisers, investment advisers and other trusted professionals.

    With your authority, KCT Legal can work with your existing advisers to obtain relevant information, identify legal, taxation, financial and commercial issues and help ensure that the advice provided by each adviser is properly coordinated. This may include reviewing existing trusts, companies, investment structures, asset ownership arrangements, estate planning documents and succession strategies.

    A coordinated approach can reduce the risk of inconsistent advice, unnecessary duplication or unintended consequences and help ensure that your legal structures and documents support your broader financial, family and commercial objectives. Where appropriate, we can also assist in identifying matters that require specialist taxation, financial or investment advice.

  • Property transactions often involve complex contracts, significant financial commitments and legal obligations. We can review contracts, identify potential risks, advise on your rights and obligations and help ensure the transaction proceeds efficiently.

  • Before signing a contract of sale, it is important to understand the terms of the agreement, any special conditions, finance clauses, settlement dates and potential legal risks. Having the contract reviewed before signing can help you make informed decisions and avoid unexpected issues.

  • Due diligence is the process of investigating a property before purchase or lease. It may include reviewing title documents, planning controls, easements, zoning, existing leases and other legal matters that could affect the property's value or future use.

  • Settlement is the final stage of a property transaction where legal ownership transfers from the vendor to the purchaser. We coordinate with the other parties, confirms all legal requirements have been met, facilitates payment of the purchase price and completes the transfer of ownership.

  • Yes. Commercial leases, whether retail, commercial or industrial, often contain detailed provisions relating to rent reviews, maintenance obligations, fit-outs, outgoings and renewal options. Legal advice before signing a lease can help ensure you understand your obligations and negotiate more favourable terms where appropriate.

  • Yes. At KCT Legal, we regularly assist with disputes involving contracts, boundaries, easements, co-ownership arrangements, leasing issues and property developments. Early legal advice may help resolve disputes efficiently and avoid litigation where possible.

Property

  • At KCT Legal, we provide strategic legal advice to businesses, private clients, investors, family groups and other organisations across a wide range of commercial matters. Whether you are starting a new business, expanding an existing enterprise or managing legal risk, experienced legal advice can help protect your commercial interests and support long-term success.

  • It is advised to engage a commercial lawyer before making significant business decisions, signing contracts or entering commercial relationships. Early legal advice can help identify risks, negotiate favourable terms and prevent costly disputes before they arise.

  • Contracts set out the rights and obligations of each party and can have significant financial and legal consequences. Having contracts reviewed before signing can help identify unfair terms, identify onerous or unclear terms, address gaps or inconsistencies, allocate risk appropriately and ensure the agreement accurately reflects the intended commercial arrangement.

  • The most appropriate business structure depends on your circumstances, including taxation, asset protection, ownership arrangements and future growth plans. Common structures include sole traders, partnerships, companies and trusts. Legal advice can help you choose the structure that best aligns with your business objectives.

  • If a company has more than one shareholder, a shareholder’s agreement is highly recommended. It helps to establish how important business decisions will be made, how shares can be transferred, how disputes are managed and what happens if a shareholder leaves the business. A well-drafted agreement can help avoid uncertainty, protect all parties involved and reduce the risk of costly disputes arising later.

  • Yes. Buying or selling a business involves legal, financial and commercial considerations. We can assist with due diligence, negotiating the sale agreement, reviewing contracts, managing regulatory requirements and ensuring the transaction proceeds smoothly while protecting your interests.

Commercial & Corporate