Superannuation is often one of the largest assets a person owns, especially for younger Australians who may not yet have entered the property market. But despite its importance, most people don’t fully understand how their super is treated when they pass away. While it is connected to your estate, what happens to your super is determined by a completely separate process, one controlled by your super fund.

As Queensland’s population ages, the legal issues facing older Australians and their families are changing. At Vicca Law, we work closely with clients navigating everything from capacity concerns and family disputes to enduring power of attorney complications. In practice, we’ve noticed recurring patterns in the types of elder law matters clients bring to us. These trends are often preventable with the right planning in place. 

Capacity is one of the most critical and complex, issues in modern estate planning. As Australians live longer and manage increasingly valuable estates, questions about capacity are becoming more frequent, and more urgent. Whether you're preparing a Will, appointing an Enduring Power of Attorney, or acting on behalf of an older family member, understanding how capacity is assessed and protected under Queensland law is essential. 

As part of our series on elder law, this article addresses a difficult but increasingly common issue: elder abuse. While it’s not an easy topic to confront, it’s an essential one, especially as more families find themselves navigating the complexities of ageing, decision-making authority, and financial vulnerability. 

As Australia’s population ages and lifespans increase, the legal needs of older Australians are evolving rapidly. Alongside issues like incapacity, retirement living, and aged care decisions, one deeply concerning topic continues to emerge: elder abuse. 

If you’re planning your estate and want to provide both flexibility and protection for the next generation, a testamentary trust might be the most powerful tool at your disposal. Testamentary trusts are increasingly becoming a preferred strategy in modern estate plans - particularly for those who want to safeguard their children’s inheritance, protect assets in the event of a relationship breakdown, or create a lasting legacy across multiple generations.

After the end of a significant relationship, it's completely natural to feel cautious when stepping into something new. Whether you’ve been through a divorce or the end of a de facto partnership, it’s wise to take steps to protect your assets, your children, and your intentions should something happen unexpectedly.

Separation is a significant life event that comes with many legal, emotional, and financial considerations, especially when it comes to your estate plan. Whether you’ve separated from a spouse after marriage or from a de facto partner, reviewing and updating your estate planning documents is critical to protecting your legacy and ensuring your wishes are honoured. 

n Queensland, de facto relationships have important legal consequences when it comes to estate planning and wills. While most people understand that spouses have rights to each other’s estate, fewer realise that de facto partners are treated similarly under the Succession Act 1981 (Qld) provided they meet certain legal criteria. 

When planning your future with a partner, estate planning might not be at the top of your to-do list, but it absolutely should be. One crucial legal fact many people are surprised to learn is that in Queensland, your Will is automatically revoked when you get married. That means if you already had a valid Will in place before your wedding day, it is no longer effective unless it specifically includes a clause made “in contemplation of marriage.”

When a loved one loses the ability to make personal or health-related decisions for themselves, it can be an overwhelming time for families. If there’s no valid Enduring Power of Attorney in place, you may need to consider applying for guardianship through the Queensland Civil and Administrative Tribunal (QCAT). Understanding how this process works can help you make informed decisions during a difficult chapter of life.

An Advanced Health Directive (AHD) is a valuable legal document that forms part of comprehensive estate planning in Queensland. While it is often mentioned in the same conversation as an Enduring Power of Attorney (EPOA), the two serve different purposes. The AHD specifically addresses your preferences and directions regarding medical treatment and healthcare, particularly at the end of life. 

An Enduring Power of Attorney (EPOA) is a critical legal document that gives someone you trust the authority to make financial and personal decisions on your behalf. While it’s an essential part of a well-rounded estate plan, there are several common issues—both legal and practical—that principals and attorneys should consider before and during its use.

An Enduring Power of Attorney (EPOA) is one of the most important legal documents you can put in place as part of your estate plan. In Queensland, an EPOA allows you to appoint someone to make decisions on your behalf if you are no longer able to make those decisions yourself due to illness, accident, or incapacity. 

When planning your estate, it's essential to think not only about who will receive your assets but also about how those assets will be used and protected. One powerful estate planning tool often overlooked is the right to reside clause.

For many Australians, supporting a cause close to their heart doesn’t end in their lifetime. Leaving a gift to charity in your Will—also known as a charitable bequest—is a powerful way to extend your legacy and continue making a positive impact well into the future.

When it comes to estate planning, one of the most meaningful ways you can leave a legacy is by passing on treasured family heirlooms. Whether it’s a vintage watch, a piece of jewellery, or a beloved Royal Doulton tea set, these items often carry immense sentimental and historical value. But how do you ensure that these heirlooms are passed on in the way you intend?

For many people, pets are beloved family members and just like any important part of your life, they deserve to be part of your estate plan. One of the most common questions we receive from pet owners is: “Can I leave my pet to someone in my will?” The short answer is yes, but there are some important legal and personal considerations to keep in mind.

Securing a court judgment in your favour is a significant milestone in resolving a legal dispute. However, obtaining a judgment is not the end of the process—it's often just the beginning of the next phase: enforcement. Whether you've been awarded money through QCAT or a Queensland court, knowing what to do next is crucial to ensuring you can actually recover the amount owed to you.

QCAT, the Queensland Civil and Administrative Tribunal, plays a significant role in resolving a broad range of disputes across the state. From minor debt claims and consumer disputes to guardianship decisions and tree disagreements between neighbours, QCAT is a unique and accessible forum for everyday Queenslanders to have their matters heard—without the formalities and costs of traditional court proceedings.