The Vicca Law Podcast

This episode explores the role of testamentary trusts and how they enhance modern estate planning. Lidia explains how these trusts provide protection, control, and flexibility in managing inheritances after death. Listeners will learn how testamentary trusts can safeguard wealth from risks like relationship breakdowns or financial vulnerability while supporting children and complex family arrangements.

Let’s explore how to protect your estate plan when entering a new relationship following a separation, divorce, or the end of a de facto partnership. Many people focus on the emotional or financial aspects of moving forward but overlook the critical legal steps required to safeguard their assets and intentions. Lidia discusses the importance of updating your Will, setting clear provisions for children from previous relationships, reviewing beneficiary nominations, and considering binding financial agreements.

This episode focuses on the essential estate planning updates needed after separating from a spouse or de facto partner. Lidia explains the legal effects of separation under Queensland law, what changes happen automatically, and what must be updated manually. Listeners will gain practical guidance to protect their assets, prevent unintended gifts to an ex-partner, and ensure their documents reflect their current wishes.

This episode examines how de facto relationships affect your Will and estate planning in Queensland. Lidia explains the legal criteria for recognising a de facto relationship under the Succession Act 1981 and what evidence is required to prove it. Listeners will learn how these laws impact inheritance rights and why it’s vital to ensure your estate plan accurately reflects your relationship and intentions.

This episode explores how marriage can automatically revoke your existing Will in Queensland and most other states, unless it was made in contemplation of marriage. Lidia explains the risks this creates—particularly for second marriages or blended families—and why updating your estate plan should be part of your wedding checklist. Listeners will gain clear guidance on protecting their legacy and avoiding disputes caused by an outdated Will.

This episode looks at guardianship applications in QCAT and when they’re required if an adult loses capacity without an Enduring Power of Attorney in place. Lidia explains the difference between guardians and financial administrators, how QCAT decides who to appoint, and the key considerations for families in this process. It’s a clear and empathetic guide to navigating a sensitive but important area of law.

This episode focuses on Advanced Health Directives (AHDs) and their role in estate planning. Lidia explains how an AHD lets you set out your medical and end-of-life preferences in advance, guiding decisions if you lose capacity. She also explores when an AHD is most useful and how it works alongside other estate planning tools to provide peace of mind for you and clarity for your loved ones.

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.