The Vicca Law Podcast

This episode addresses the common pitfalls that can arise with Enduring Powers of Attorney (EPOAs). Lidia explains how unclear wording, unsuitable appointments, or misunderstandings about activation and authority can cause serious issues. Listeners will gain practical insights into avoiding these problems and ensuring their EPOA operates effectively when it matters most.

This episode explores the vital role of Enduring Powers of Attorney (EPOAs) in safeguarding your future. Lidia explains how an EPOA allows you to appoint someone to make financial and personal decisions if you lose capacity, and the differences between general and enduring powers under Queensland law. She also highlights why customised advice is essential to ensure your EPOA truly reflects your wishes and provides lasting protection.

This episode examines the right to reside clause and its role in modern estate planning. Lidia explains how it grants someone the legal right to live in a property after death without transferring ownership—an option often used in blended families or tenancy-in-common arrangements. Listeners will learn how this tool balances competing interests, the conditions that can be attached, and why careful drafting is essential to protect both relationships and legacies.

This episode explores charitable bequests—gifts left to charity in your will—and how they can create a lasting legacy. Lidia explains the legal considerations under Queensland law, from correctly naming the charity to planning for contingencies. Listeners will gain practical guidance on incorporating charitable gifts while protecting beneficiaries and ensuring their wishes are fulfilled.

This episode delves into the sentimental yet complex issue of gifting family heirlooms in your will. Lidia explains how to properly include heirlooms, why clear identification is essential, and strategies to minimise disputes among beneficiaries. It’s a practical guide to ensuring your most meaningful possessions are passed on with love and without conflict.

This episode explores how pets fit into estate planning and what happens to them when you pass away. Lidia explains that pets are legally treated as property in Queensland, meaning they can be gifted in your will like any other asset. She also highlights the importance of choosing a suitable guardian and providing for their ongoing care and expenses, ensuring your companions are protected with clarity and compassion.

This episode focuses on what comes after securing a judgment in QCAT or a Queensland court. Lidia explains the practical steps to enforce payment, from assessing enforceability to using tools like garnishee orders, enforcement hearings, and property seizure. Listeners will also learn how insolvency, bankruptcy, or lack of assets can impact recovery, gaining clear guidance on how to pursue what they’re owed with confidence.

This episode explores the role of QCAT as a faster, more affordable alternative to traditional courts in Queensland. Lidia explains the types of disputes QCAT handles—such as minor debts, tenancy issues, consumer disputes, and guardianship matters—and the steps involved in filing or responding to a claim. Listeners will gain practical insights into how QCAT operates and how it can help resolve disputes with less cost and complexity.

This episode sheds light on the true cost of going to court in Queensland’s Magistrates, District, and Supreme Courts. Lidia explains how expenses build up through preparation, procedural compliance, drafting, and multiple stages of argument—not just court appearances. Listeners will also learn about fees, expert reports, and timelines, gaining a clearer understanding of the financial realities of litigation.

This episode highlights the value of taking pre-court steps to resolve disputes before they escalate to litigation. Lidia explains strategies such as letters of demand, negotiation, and mediation, showing how they can save time, money, and stress. Listeners will gain practical guidance on achieving fair and efficient outcomes while avoiding the burdens of court proceedings.

This episode offers a practical overview of Queensland’s civil court system, starting with the role of QCAT in resolving disputes up to $25,000. Lidia explains the types of cases QCAT hears, its simplified procedures, and why understanding its rules is key to a successful outcome. Listeners will also learn how matters are allocated across the broader court hierarchy, providing a clear foundation for anyone facing or considering civil litigation in Queensland.

This episode examines the crucial connection between shareholding and estate planning for business owners. It explains what happens to company shares after a shareholder’s death, the differences between joint and sole ownership, and the risks of not having a shareholders agreement in place. Listeners will gain insights into how such agreements protect families and business partners by setting clear rules for share transfer, valuation, and succession—helping ensure both legacy and business continuity.

This episode features guest Scott McNeil of Gibson McNeil Lawyers as he and Lidia Vicca dive into the legal and practical sides of business succession planning. They discuss why sole directors and shareholders must understand company constitutions, trust deeds, and shareholder agreements, and how tools like powers of attorney, buy-sell agreements, and insurance support continuity. The conversation also highlights potential challenges when family or third parties inherit business interests, emphasising the value of proactive planning to protect your enterprise and legacy.

This episode unpacks the critical link between family trusts and estate planning. It explains why assets in a discretionary family trust cannot be gifted through a will and why control of the trust must instead be carefully planned for. Listeners will learn the importance of reviewing the trust deed, appointor and trustee succession, and the impact of corporate structures to ensure trust assets are protected and passed on effectively.

This episode highlights the importance of business succession in estate planning and what happens to a business when its owner passes away. It explains how outcomes differ depending on whether the business is a sole proprietorship, partnership, company, or trust, and why many wills fail to cover these interests. The discussion also warns of the risks of leaving succession unclear, particularly for sole directors or controllers of family trusts.

This episode explores Family Provision Applications (FPA) in Queensland under the Succession Act 1981. It outlines who can make a claim, including spouses, children, and financial dependants, and explains the strict deadlines for notifying and filing an application. Listeners will also learn the key factors courts weigh—such as financial need, the applicant’s relationship with the deceased, estate size, and competing claims—when deciding whether to alter the terms of a will.

Let’s explore the key differences between challenging and contesting a will—two distinct legal actions that often arise in estate disputes. Challenging a will typically involves questioning its validity, most commonly on the basis of lack of testamentary capacity or undue influence. In contrast, contesting a will refers to a family provision claim, where an eligible person seeks a greater share of the estate on the grounds of inadequate provision.

In this special episode of the Vicca Law Podcast, I’m joined by our very first guest—Danielle Phillips, founder of Sage Executor Solutions. Danielle shares the deeply personal story behind why she started Sage and how her experience navigating the loss of both parents, while acting as executor, highlighted a major gap in support services for grieving families.

We will break down what it means to be an executor or administrator, the duties involved, and how to approach the estate administration process with clarity and confidence. From handling practical tasks like notifying institutions and paying funeral invoices, to managing legal obligations like applying for probate, transferring property, and defending estate disputes—there’s a lot to consider.

When a loved one passes away, one of the most confusing and overwhelming questions is whether you need to apply for probate or letters of administration. The answer isn’t always straightforward, as it largely depends on the type of assets involved, their value, and how they are held. Applying for a grant can be essential in some cases, while in others, it might not be necessary at all.

AdministrationWhen a loved one passes away, managing their estate can be overwhelming, especially when navigating the legal requirements for administering their assets. One of the most important steps in the process is understanding whether you need to apply for Probate or Letters of Administration. These are legal documents issued by the Supreme Court that give authority to manage and distribute the deceased's estate.

When a legal dispute arises, many people hesitate to involve a lawyer early—often out of concern for cost or the belief that they can handle it alone. However, the best time to seek legal advice is at the very beginning of a dispute. Early legal guidance can prevent costly mistakes, strengthen your bargaining position, and even help resolve the issue without litigation.

Contracts are meant to provide security in business and commercial arrangements, but when a dispute arises, many people are unaware that their contract may already outline the steps they must follow before taking legal action. Dispute resolution clauses are becoming increasingly common in contracts, requiring parties to attempt negotiation, mediation, or arbitration before escalating a dispute to court.

When legal disputes arise, many people assume that heading to court is the only option. However, Alternative Dispute Resolution (ADR) methods provide structured, cost-effective alternatives that can help resolve conflicts more efficiently while keeping matters private. From negotiation and mediation to arbitration and expert determination, ADR offers tailored solutions for different types of disputes.

Legal issues can arise in many aspects of life—whether it’s a business dispute, a contract disagreement, a family matter, or a property conflict. But with so many different types of lawyers, how do you know which one to call? Choosing the right legal expert for your situation is crucial to getting the right advice and achieving the best outcome.

One of the biggest concerns parents have when it comes to estate planning is ensuring their children’s inheritance stays within the family—especially when in-laws are involved. Many parents worry about the risk of divorce, financial mismanagement, or a child’s spouse gaining control of their hard-earned assets. The good news? A testamentary trust is one of the most effective ways to protect wealth and keep it within the bloodline.

Family relationships can be complicated, and estate planning becomes even more complex when estrangement is involved. While some parents may wish to exclude an estranged child from their will, doing so comes with legal risks—particularly in Queensland, where children have an unconditional right to contest a will if they believe they have been inadequately provided for.

Blended families bring unique challenges to estate planning, requiring careful consideration to ensure fairness and security for both a surviving spouse and children from previous relationships. Unlike traditional estate plans, where assets typically pass to a surviving spouse and then to children, blended families must navigate potential disputes, unintended disinheritance, and competing financial needs.

Estate planning is essential for everyone, but when minor children are involved, it becomes even more critical. Parents need to make informed decisions to ensure their children’s stability, financial security, and overall well-being in the event of their passing. In this episode of the Vicca Law Podcast, we explore key estate planning considerations for parents, including appointing legal guardians, setting up financial safeguards, and structuring an inheritance to provide long-term protection.

As 2024 comes to a close, several key trends in estate planning and administration have emerged, reflecting the evolving needs and priorities of families and individuals. From the rise of right to reside clauses offering stability for loved ones, to testamentary trusts safeguarding children’s inheritances, this year has seen a strong focus on protecting assets and securing legacies. Innovations such as guardianship funds for minor children and strategies for managing foreign assets have also gained attention, addressing the complexities of modern estate planning.