Common Issues with Enduring Powers of Attorney
Lidia Vicca Lidia Vicca

Common Issues with Enduring Powers of Attorney

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.

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What is an Enduring Power of Attorney?
Lidia Vicca Lidia Vicca

What is an Enduring Power of Attorney?

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. 

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Right to reside clause
Lidia Vicca Lidia Vicca

Right to reside clause

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.

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Leaving a gift to charity in your Will
Lidia Vicca Lidia Vicca

Leaving a gift to charity in your Will

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.

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Gifting family heirlooms in your Will
Lidia Vicca Lidia Vicca

Gifting family heirlooms in your Will

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?

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Gifting pets in your Will
Lidia Vicca Lidia Vicca

Gifting pets in your Will

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.

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You have a monetary order - what are your next steps 
Lidia Vicca Lidia Vicca

You have a monetary order - what are your next steps 

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.

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QCAT
Lidia Vicca Lidia Vicca

QCAT

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.

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Cost of going to Court 
Lidia Vicca Lidia Vicca

Cost of going to Court 

When people think about resolving a legal dispute, they often imagine standing before a judge in a courtroom. What they don’t always anticipate is just how expensive and time-consuming that process can be. This article outlines the key reasons why going to court can be costly. Whether you’re a plaintiff initiating proceedings or a defendant facing a claim, understanding the costs involved is essential for making informed decisions. 

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Pre-court steps - how to avoid going to Court
Lidia Vicca Lidia Vicca

Pre-court steps - how to avoid going to Court

Going to court is often seen as the final step in a legal dispute, but what many people don’t realise is that most matters can—and should—be resolved before litigation begins. The Queensland legal system encourages early resolution, and there are several practical steps you can take to avoid court entirely. 

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Overview of the Court System in Queensland
Lidia Vicca Lidia Vicca

Overview of the Court System in Queensland

If you're navigating a legal dispute in Queensland, understanding how the court system works is essential. Whether you're preparing to initiate a claim, responding to one, or simply exploring your options, this guide offers a clear overview of the court hierarchy, jurisdiction, and key processes for civil matters in Queensland.  This article focuses on civil claims in Queensland.

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Shareholding and Your Estate Plan
Lidia Vicca Lidia Vicca

Shareholding and Your Estate Plan

When planning your estate, one crucial element that business owners often overlook is what happens to their shareholding in a proprietary company after they pass away. Whether you run your own business or co-own one with others, understanding how your shares are dealt with in your estate plan is critical to protecting your business legacy and ensuring continuity for those you leave behind.

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Trusts and your Estate Plan
Lidia Vicca Lidia Vicca

Trusts and your Estate Plan

When it comes to estate planning, one of the most overlooked areas is how discretionary family trusts fit into your broader succession plan. Many people who have a family trust aren’t entirely sure how it works, what the trust deed says, or how control is passed on. This article explains what you need to know about trusts and your estate plan, especially if your trust is linked to your business.

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What happens to your business when you die?
Lidia Vicca Lidia Vicca

What happens to your business when you die?

Business succession planning is often overlooked when preparing a will or estate plan. Many business owners assume that their company or interests will automatically transfer to their loved ones without issue. However, the reality is more complex. What happens to your business when you die depends heavily on how the business is structured and what, if any, provisions you’ve made in your estate planning documents.

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Family Provision Applications in Queensland: Understanding Your Rights and Risks 
Lidia Vicca Lidia Vicca

Family Provision Applications in Queensland: Understanding Your Rights and Risks 

Family provision applications are a significant part of estate disputes in Queensland, often arising when individuals believe they have been unfairly left out of a will or not adequately provided for. These disputes can be emotionally charged and legally complex, making it essential to understand the process, eligibility criteria, and potential outcomes under the Succession Act 1981 (Qld)

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Challenging a Will vs. Contesting a Will - the basics 
Lidia Vicca Lidia Vicca

Challenging a Will vs. Contesting a Will - the basics 

When someone passes away, disputes about their estate can arise—especially if there are concerns about how their will was prepared or who stands to benefit. In Queensland, there are two main legal avenues for addressing these concerns: challenging a will and contesting a will. Although these terms are often used interchangeably, they refer to very different legal processes. 

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The Role of Executor or Administrator
Lidia Vicca Lidia Vicca

The Role of Executor or Administrator

When someone passes away, their estate must be managed and distributed according to either the instructions in their will or, if there is no will, the rules of intestacy. This responsibility falls to the executor (if there is a valid will) or the administrator (if the deceased did not leave a will).

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Do I need to apply for Probate or Letters of Administration?
Lidia Vicca Lidia Vicca

Do I need to apply for Probate or Letters of Administration?

When someone passes away, it can be overwhelming to figure out what needs to be done, especially when it comes to administering their estate. One of the first questions to ask is whether you need to apply for a grant of probate or letters of administration. This question arises most commonly when someone has been named as an executor or is the person with top priority under Rule 603 of the Uniform Civil Procedure Rules (QLD). 

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Probate vs. Letters of Administration
Lidia Vicca Lidia Vicca

Probate vs. Letters of Administration

When a loved one passes away, managing their estate can be a daunting and emotional process. One of the most critical steps in estate administration is understanding whether you need to apply for Probate or Letters of Administration. These are legal documents issued by the Supreme Court that grant authority to manage the deceased’s estate.

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Best use of a lawyer when you have a dispute
Lidia Vicca Lidia Vicca

Best use of a lawyer when you have a dispute

When a legal dispute arises, many people hesitate to involve a lawyer early—often due to concerns about cost or the belief that they can handle things on their own. However, the best time to engage a lawyer is at the very beginning of a dispute. Seeking early legal guidance can prevent critical mistakes, protect your bargaining position, and ultimately save you time and money.

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