The Vicca Law Podcast

This episode of The Vicca Law Podcast continues the May series on estate disputes, focusing on Family Provision Applications (FPA) in Queensland under the Succession Act 1981 (Qld). Family Provision Applications allow certain eligible individuals—such as spouses, children, and financial dependants—to contest a will if they believe they have not been adequately provided for. The episode explains who can make a claim, the strict timeframes for notification and filing (six months and nine months from death, respectively), and the key factors courts consider when deciding whether to vary the terms of a will, including the applicant’s relationship with the deceased, financial circumstances, size of the estate, and competing claims. It also highlights common misconceptions, such as whether someone can legally agree not to contest a will (they cannot), and why legal advice is crucial for those considering unequal distributions in their estate planning. The discussion addresses the challenges faced in blended family dynamics, the impact of estrangement, and why a DIY will may not adequately protect against the risk of a claim. 

This episode of The Vicca Law Podcast explores 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. The episode outlines how courts assess capacity, the challenges of proving undue influence, the statutory timeframes for lodging a family provision application, and the practical implications for executors and beneficiaries. It also highlights the importance of proper estate planning to reduce the risk of future disputes. Listen to the full episode to gain a clearer understanding of these complex legal issues.

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.