The Vicca Law Podcast

What if you could leave your children an inheritance while also putting structures in place to help protect it for their future? 

In this bonus episode of the Vicca Law Podcast, Lidia Vicca explores testamentary trusts and why they have become an increasingly important consideration in estate planning. 

Unlike a simple will that distributes assets directly to beneficiaries, a testamentary trust allows an inheritance to be held and managed under a trust structure established through a will. 

Losing a parent is an incredibly difficult experience. Alongside the grief, there can be uncertainty about what needs to happen next, who is responsible for making decisions and whether you have a role in administering your parent's estate. 

In this episode of the Vicca Law Podcast, Lidia Vicca explains the practical and legal steps adult children may need to consider after a parent's death in Queensland. 

What happens when your adult children do not get along, and how could their conflict affect your estate plan? 

Family disagreements can become particularly difficult when a parent dies or loses the capacity to make decisions. Existing tensions between siblings can lead to disputes about inheritance, estate administration, financial decisions and the responsibilities of executors or attorneys. 

If you have children, your will does much more than decide who receives your assets. It is also an opportunity to record your wishes about guardianship, consider how your children will be financially supported and plan how and when they receive their inheritance. 

In this episode, Lidia Vicca explores two important considerations for parents preparing a will: guardianship and gifting.

Who legally counts as your child when it comes to your will and estate? 

The answer can be broader than many people expect, particularly for blended families. 

In this episode, Lidia Vicca explains who may be considered a child for family provision purposes under Queensland succession law, including children, adopted children and stepchildren. She explores why the legal position of stepchildren is particularly important when preparing a will and how becoming part of a blended family can create estate planning considerations that are easily overlooked. 

What would happen to your business if you died or became unable to make decisions? Would someone have the authority to pay staff, manage the company and protect the value of the business? 

In this episode, Lidia Vicca brings together the key estate planning considerations for business owners who operate through companies and trusts. She discusses the documents that can help a business continue through an unexpected change in leadership, including a company constitution, company power of attorney, shareholders agreement and trust succession arrangements. 

If you control a family trust, what happens to that trust when you die? 

Trusts can be an important part of asset protection, business and family wealth structures, but they can also create additional estate planning considerations. Unlike assets held personally, trust assets do not simply pass to beneficiaries under your will. 

If you are a director or shareholder of a company, your estate plan needs to consider more than just your personal assets. 

In this episode, Lidia Vicca explains what can happen to a company when a sole director dies, how a company constitution may affect succession, and why shareholders should have a clear plan for what happens to their shares after death. 

When preparing a will, one of the most important questions is: what actually forms part of your personal estate? 

In this episode, Lidia Vicca explains the difference between assets you own personally and assets controlled through companies, trusts and self-managed super funds. She also explores why understanding this distinction is critical when preparing an estate plan or business succession plan. 

Obtaining probate is an important milestone, but it is only the beginning of administering a deceased estate. 

In this episode, Lidia Vicca explains what executors and administrators need to do after receiving a grant of probate or letters of administration in Queensland. From accessing bank accounts and dealing with superannuation to managing property, tax obligations and estate expenses, this episode provides a practical overview of the next steps in estate administration.

When someone dies without a valid Will, they are said to have died intestate. For loved ones left behind, this can make an already difficult time even more complicated because there is no executor appointed and no written direction about how the estate should be administered. 

In this episode, Lidia Vicca explains what happens when someone dies intestate in Queensland, who may be entitled to the estate, who can apply for letters of administration, and why the order of priority matters.

What happens if a Will is damaged, incomplete, incorrectly witnessed, or the original cannot be found? 

In this episode, Lidia Vicca explains some of the most common problems that can arise when applying for probate in Queensland and how those issues may affect the process. From missing original Wills and damaged documents to unavailable executors and incorrectly executed Wills, this episode explores why seemingly small issues can create additional steps before a grant of probate can be obtained. 

One of the most common questions executors ask after someone passes away is, "Do I need probate?" The answer depends on the assets in the estate, how they're owned, and the requirements of the organisations holding those assets. 

In this episode, Lidia Vicca explains what probate and letters of administration are, how they differ, when probate is required in Queensland, and the situations where it may not be necessary. She also discusses why Queensland's probate process differs from other Australian states and the factors that determine whether an application needs to be made. 

Navigating the Queensland Civil and Administrative Tribunal (QCAT) can be overwhelming, especially if you're trying to recover money without hiring a lawyer. From confusing forms to unfamiliar legal processes, many people simply don't know where to start. 

In this episode, Lidia Vicca explains why she created her Confidently Handle Your QCAT Claim course, who it's designed for, what you'll learn, and how it helps everyday Queenslanders confidently prepare and manage their own QCAT claim. She also discusses why relying on generative AI for legal documents can create serious problems in legal proceedings. 

Winning your QCAT case is a significant milestone—but what happens if the other party still refuses to pay? 

In this episode, Lidia Vicca explains what happens after you've successfully obtained a QCAT order and how enforcement works in Queensland. From requesting payment and registering your order with the Magistrates Court to understanding enforcement warrants and statements of financial position, this episode provides a practical overview of the next steps when a debtor fails to comply with a QCAT decision.  

Preparing for a QCAT hearing can feel overwhelming, especially if you've never represented yourself in a legal matter before. Many people worry about speaking in front of a tribunal, presenting evidence, or knowing what to expect on the day. 

In this episode, Lidia Vicca explains what happens after mediation, how to prepare for a QCAT hearing, what evidence you should bring, and practical tips to help you confidently present your case before a Tribunal Member. 

Thinking about making a claim through the Queensland Civil and Administrative Tribunal (QCAT) but not sure where to begin? 

In this episode, Lidia Vicca walks through the first steps of the QCAT process, explaining how to determine the right type of application, what documents you'll need, how to serve the other party correctly, and what happens after your application is lodged. 

In this episode, Lidia Vicca explains the first steps to recovering a debt in Queensland, including when to send a Letter of Demand, when you can apply to the Queensland Civil and Administrative Tribunal (QCAT), and why gathering evidence early is critical to a successful claim.

In this episode, Lidia Vicca explains what executors should do when they believe a Will may be challenged in Queensland. 

In this episode, Lidia Vicca explains solemn form proceedings and what actually happens when the validity of a will is challenged in Queensland. 

In this episode, Lidia Vicca explores the two most common issues that arise when people seek to challenge a will in Queensland: testamentary capacity and undue influence. 

In this episode of the Vicca Law Podcast, Lidia Vicca breaks down the difference between contesting a will and challenging a will in Queensland—two legal concepts that are often confused but have very different legal implications. 

In this final episode of the family provision series, Lidia Vicca explores deeds of family arrangement—a practical and often overlooked way to resolve estate disputes without going to court. 

In this episode, Lidia Vicca shifts perspective—from applicants to executors—and explores what it really means to defend a family provision application. 

In this episode, Lidia Vicca breaks down one of the most misunderstood aspects of contesting a will: financial need. While many people approach these claims from a place of fairness or emotion, the legal system takes a very different view. 

In this episode, Lidia Vicca breaks down the reality behind family provision claims in Queensland. From proving financial need to understanding the costs, risks, and strict timeframes involved, Lidia offers a practical and honest look at what happens when someone challenges a Will.

In this bonus episode of The Vicca Law Podcast, listeners are invited to step behind the microphone and get to know the person behind the firm. This episode offers a personal insight into the journey of building Vicca Law, from early legal career experiences through to launching the firm during a significant period of life transition.

In this week’s episode of The Vicca Law Podcast, the April series on Enduring Powers of Attorney concludes with an important discussion on what can happen when attorneys misuse their authority. The episode examines common scenarios where attorneys fail to comply with their legal obligations under Queensland law, particularly in relation to financial decision-making. 

In this week’s episode of The Vicca Law Podcast, the April series on Enduring Powers of Attorney continues with a discussion on one of the most debated aspects of the document—when an Enduring Power of Attorney should actually begin. The episode explains the distinction between health and financial decision-making under an Enduring Power of Attorney and outlines the two common approaches used in Queensland: an authority that begins immediately upon signing, or one that only takes effect once the principal has been assessed as lacking capacity by a medical practitioner. 

In this week’s episode of The Vicca Law Podcast, the April series on Enduring Powers of Attorney continues with a practical discussion on the role and responsibilities of attorneys. The episode explains that when someone acts as an attorney under an Enduring Power of Attorney, they are effectively stepping into the role of a decision-maker for the principal and must comply with the obligations set out under Queensland law.