The Vicca Law Podcast

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. 

In this week’s episode of The Vicca Law Podcast, the April series on Enduring Powers of Attorney begins with a practical overview of the structure of this essential legal document. The episode explains what an Enduring Power of Attorney is, why it forms a critical part of a comprehensive estate plan, and how it allows trusted individuals to make personal, health, and financial decisions if a person loses capacity.

The episode explains how a Letter of Wishes can be used to record personal preferences and practical instructions that may not belong in a formal Will, such as explanations behind testamentary trust structures, guidance for guardians of minor children, wishes for pets, directions about digital assets, and preferences regarding funeral arrangements.

This episode explores when guardianship provisions in a Will take effect, why they matter, and how they provide clarity in the unlikely but devastating circumstance that both legal parents pass away. Listeners are guided through the practical considerations involved in choosing a guardian, including location, financial capacity, values, schooling, and the day-to-day realities of raising children. 

This episode breaks down the two primary ways assets are distributed: specific gifts and the residue of the estate. Listeners are guided through what constitutes a specific gift—such as cash, shares, jewellery, or sentimental family heirlooms—and when it is appropriate to separate particular assets from the broader estate.

This episode breaks down how a professionally drafted Will is structured in Queensland, explaining the key components you can expect to see, from appointment of executors and guardians through to specific gifts, residuary clauses, and administrative provisions. The discussion highlights why structure matters, how clarity prevents disputes, and what separates a carefully prepared estate plan from a simple template document.

Let’s explore how testamentary trusts offer long term protection and tax efficiency by keeping assets within a trust structure rather than passing them to beneficiaries outright. We’ll unpack the benefits for both minor and adult beneficiaries, including control over how and when young beneficiaries can access funds and the ability to designate trusted individuals, not necessarily legal guardians, to manage the trust. 

Here are often-overlooked but critically important elements of a comprehensive estate plan: superannuation nominations, advanced health directives, and business succession planning. This episode serves as a reminder that estate planning goes far beyond a will and encourages listeners to take proactive steps that reduce risk, protect loved ones, and provide clarity in the most uncertain of times.