The Vicca Law Podcast: Protecting Legacies. Resolving Conflicts.

18 September 2025

The Vicca Law Podcast

Season 2 Ep. 30 Advanced Health Directives

In this week’s episode, Lidia explores the important role of an Advanced Health Directive (AHD) in estate planning. Unlike an Enduring Power of Attorney, an AHD allows individuals to clearly outline their preferences for medical treatment and end-of-life care in advance—helping guide decisions if they lose capacity in the future. The episode delves into when and why an AHD may be appropriate, the kinds of situations it’s best suited for, and how it complements other estate planning tools. Whether required for ag...

11 September 2025

The Vicca Law Podcast

Season 2 Ep. 29 Common Issues with Enduring Powers of Attorney

In this week’s episode, Lidia examines some of the most common issues that arise with Enduring Powers of Attorney (EPOAs) and how to avoid them. While EPOAs are essential in safeguarding your future decision-making, poorly drafted or misunderstood documents can lead to confusion, misuse, and unintended consequences. From unclear clauses and inappropriate attorney appointments to problems with activation and scope of authority, this episode highlights real-world examples of where things can go wrong—and how strategic legal advice can...

04 September 2025

The Vicca Law Podcast

Season 2 Ep. 28 What is an Enduring Power of Attorney?

In this week’s episode, the focus is on Enduring Powers of Attorney (EPOAs) and their crucial role in future-proofing your personal and financial wellbeing. Lidia explains how an EPOA enables you to legally appoint someone to make decisions on your behalf if you become incapacitated due to illness, injury, or other circumstances. She breaks down the distinctions between general and enduring powers, the scope of authority granted under Queensland law, and the types of decisions an attorney can ma...

28 August 2025

The Vicca Law Podcast

Season 2 Ep. 27 Right to reside clause

In this week’s episode, the focus is on the right to reside clause—an increasingly valuable tool in modern estate planning. A right to reside clause allows you to grant someone the legal right to live in a property after your death without transferring ownership. This is particularly useful in blended family scenarios or where a property is owned as tenants in common. The episode explores how this provision can help balance competing interests: allowing one individual, such as a surviving spou...

21 August 2025

The Vicca Law Podcast

Season 2 Ep. 26 Leaving a gift to charity in your Will

In this week’s episode, we explore the increasingly popular practice of leaving a gift to charity in your Will. Known as a charitable bequest, this type of legacy allows individuals to support causes close to their heart long after they’re gone. While the intention is noble, incorporating charitable gifts into your estate plan requires careful planning to ensure both your wishes and the interests of your beneficiaries are respected. The episode unpacks how charitable bequests work unde...

14 August 2025

The Vicca Law Podcast

Season 2 Ep. 25 Gifting family heirlooms in your Will

In this week's episode, we take a closer look at one of the most sentimental aspects of estate planning: gifting family heirlooms in your will. From antique jewellery and vintage watches to treasured furniture and keepsakes, heirlooms hold deep emotional and historical significance. But passing them on isn’t just a matter of naming a recipient—it requires careful legal and practical planning. Lidia Vicca outlines how to include heirlooms in your will, the importance of clearly identifying items, and stra...

07 August 2025

The Vicca Law Podcast

Season 2 Ep. 24 Gifting pets in your Will

In this week's episode, we explore an often-overlooked aspect of estate planning: what happens to your beloved pets when you pass away. Pets are legally considered property under Queensland law, which means you can leave them to someone in your will just like any other personal asset. But unlike furniture or jewellery, pets are living beings that require ongoing care, attention, and financial support. Lidia Vicca discusses the legal framework for gifting pets in your will and highlights key considerations to...

31 July 2025

The Vicca Law Podcast

Season 2 Ep. 23 You have a monetary order - what are your next steps

In this episode, Lidia Vicca unpacks what happens after you’ve secured a monetary order or judgment through QCAT or a Queensland court. While winning your case is a key milestone, enforcement is often where the real challenge begins. This episode outlines the practical next steps to take once a judgment has been issued, including assessing the enforceability of the order and understanding the available enforcement options under Queensland law. Lidia explains how factors such as...

24 July 2025

The Vicca Law Podcast

Season 2 Ep. 22 QCAT

In Episode 22 of The Vicca Law Podcast, Lidia Vicca takes a closer look at QCAT—the Queensland Civil and Administrative Tribunal—and its important role in delivering accessible justice across the state. Designed to provide a faster, less formal, and cost-effective alternative to court, QCAT handles a diverse array of matters, including minor debt claims, consumer disputes, guardianship matters, tenancy issues, and even neighbourhood tree disagreements. Lidia outlines how QCAT operates, the types of cases it commonly hears, and the practical steps involved in preparing and...

17 July 2025

The Vicca Law Podcast

Season 2 Ep. 21 Cost of Going to Court

In Episode 21 of The Vicca Law Podcast, Lidia Vicca breaks down the financial realities of going to court in Queensland and why litigation is often far more costly than people anticipate. This episode focuses on the Magistrates, District, and Supreme Courts, explaining how the expense of legal proceedings arises not from a single court appearance but from a lengthy process governed by the Uniform Civil Procedure Rules 1999 (UCPR). Lidia explores how pre-court preparation, compliance with procedural rules, document drafting, and multiple...

10 July 2025

The Vicca Law Podcast

Season 2 Ep. 20 Pre-Court Steps – How to Avoid Going to Court

In Episode 20 of The Vicca Law Podcast, Lidia Vicca explores the importance of pre-court steps in resolving disputes before they escalate to litigation. The episode emphasises that while going to court may seem like the default solution, the legal system in Queensland is designed to encourage early and cost-effective dispute resolution wherever possible. Lidia outlines key pre-court strategies—such as sending a formal letter of demand, engaging in direct negotiation, and participating in alternative dispute resolution processes like medi...

03 July 2025

The Vicca Law Podcast

Season 2 Ep. 19 Overview of the Court System in Queensland

In Episode 19 of The Vicca Law Podcast, Lidia Vicca provides a clear and concise overview of the civil court system in Queensland, offering essential guidance for individuals navigating legal disputes. This episode outlines the hierarchy and jurisdiction of Queensland’s civil courts, beginning with the Queensland Civil and Administrative Tribunal (QCAT), which manages minor disputes up to $25,000, including matters such as residential tenancies, minor debt claims, and consumer issues. Lidia explains the types of cases QCAT handles, the simplified pr...

26 June 2025

The Vicca Law Podcast

Season 2 Ep. 18 Shareholding and your Estate Plan

In this episode of The Vicca Law Podcast, the spotlight is on shareholding and estate planning—an often overlooked yet critical area for business owners. The discussion focuses on what happens to shares in a proprietary company after the death of a shareholder, and the importance of planning for that transition. Listeners will learn the differences between joint and sole shareholdings, how these interests are treated in an estate, and why the absence of a shareholders agreement can leave both families an...

19 June 2025

The Vicca Law Podcast

Season 2 Ep 17 The Importance of Business Succession Planning: a Commercial Lawyer’s Perspective with Scott MacNeill of Gibson MacNeill

This episode of The Vicca Law Podcast continues the June focus on business succession planning with a special guest appearance by Scott MacNeill of Gibson MacNeill Lawyers. Scott, a commercial lawyer with experience across both private practice and in-house roles, joins Lidia Vicca to explore the practical and legal considerations involved in succession planning for business owners. Together, they discuss why business owners—particularly sole directors and shareholders—must unders...

12 June 2025

The Vicca Law Podcast

Season 2 Ep 16 Trusts and your Estate Plan

This episode of The Vicca Law Podcast explores the often misunderstood relationship between family trusts and estate planning. While many individuals benefit from assets held in discretionary family trusts—particularly those tied to business interests—there is a common misconception that these assets can be gifted through a will. In reality, because trusts are separate legal structures, their assets do not form part of a person’s estate. This means they cannot be directly distributed through a will. Instead, control of the tr...

5 June 2025

The Vicca Law Podcast

Season 2 Ep. 15 What happens to your business when you die

In this episode of The Vicca Law Podcast, the discussion turns to an often-overlooked yet critical component of estate planning: business succession. When a business owner passes away, what happens to the company depends largely on how the business is structured and whether appropriate provisions have been made in their will or estate plan. The episode explores why many wills—particularly DIY or public trustee documents—fail to address business and trust interests, leaving families and colleagues uncertain and...

29 May 2025

The Vicca Law Podcast

Season 2 Ep 14 Family Provision Applications in Queensland

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 c...

15 May 2025

The Vicca Law Podcast

Season 2 Ep 13 Challenging a Will vs. Contesting a Will - the basics

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. Th...

24 Apr 2025

The Vicca Law Podcast

Season 2 Ep 12 Supporting Executors: Navigating Loss with Danielle Phillips of Sage Executor Solutions

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 unpack the reality of estate administration beyond the legal process—those 200+ hours of admin...

17 April 2025

The Vicca Law Podcast

Season 2 Ep. 11 The Role of Executor or Administrator

In this episode of the Vicca Law Podcast, we 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.

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10 April 2025

The Vicca Law Podcast

Season 2 Ep 10 Do I need to apply for Probate or Letters of Administration?

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.

In this episode of th...

03 April 2025

The Vicca Law Podcast

Season 2 Ep. 9 Probate vs. Letters of Administration

When 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.

In this episode of the Vicca Law Podcast, we break down the differences between Probate and...

20 Mar 2025

The Vicca Law Podcast

Season 2 Ep. 8 Best use of a lawyer when you have a dispute

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. 

In this episode of the Vicca Law Podcast, we break down the...

20 Mar 2025

The Vicca Law Podcast

Season 2 Ep. 7 What does your Contract say about disputes

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. 

In this episode of the Vicca Law Podcast, we explore why these clauses matter, how they work, and how t...

13 Mar 2025

The Vicca Law Podcast

Season2 Ep. 6 Basics of Alternative Dispute Resolution

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.

In this episode of the Vicca Law Podcast, we break down the four main types of ADR, explain when they are appropriate, and offer practical...

6 Mar 2025

The Vicca Law Podcast

Season 2 Ep. 5 What Type of Lawyer Do I Need?

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. 

In this episode of the Vicca Law Podcast, we break down the different types of lawyers and the spe...

27 Feb 2025

The Vicca Law Podcast

Season 2 Ep. 4 Protection from the In-Laws

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.

In this episode of the Vicca Law Podcast, we explor...

20 Feb 2025

The Vicca Law Podcast

Season 2 Ep. 3 Planning for estrangement with your children

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.

In this episode of the Vicca Law Podcast, we explore strategies to help minimize the risk of disputes and ensure your es...

13 Feb 2025

The Vicca Law Podcast

Season 2 Ep. 2 Estate Planning for Blended Families

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.

In this episode of the Vicca Law Podcast, we explore key estate planning strategies designed to protect all family members while minimising conflict. From structuring...

6 Feb 2025

The Vicca Law Podcast

Season 2 Ep. 1 Planning for your Minor Children

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.

Listen to this episode to learn how to...

19 December 2024

The Vicca Podcast

47. 2024 Wrap Up - Estate planning trends

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.

12 December 2024

The Vicca Podcast

46. Charitable gifts in your Will

Charitable giving through your will can be a powerful way to leave a lasting legacy and support causes close to your heart. Yet, despite good intentions, many people hesitate to include charitable gifts in their estate plan. In this episode of the Vicca Law Podcast, we explore the benefits of charitable bequests, the different types of gifts you can leave—such as specific and residual gifts—and the key considerations to ensure your wishes are clearly documented and effectively carried out. Whether you’re consid...

05 December 2024

The Vicca Podcast

45. Preparing for Your Estate Planning Appointment: What You Need to Know

Getting ready for an estate planning appointment can feel overwhelming, but it doesn’t have to be. In this episode of the Vicca Law Podcast, I’ll walk you through everything you need to bring and consider to make your first estate planning appointment straightforward and productive. From gathering key documents like your identification, superannuation details, and existing wills, to thinking about your legacy, family dynamics, and any lingering questions, we’ll cover it all. The goal is to ens...

21 November 2024

The Vicca Podcast

44. Terms for your EPOA you haven't considered

An Enduring Power of Attorney (EPOA) is a critical document that allows you to appoint someone to make decisions on your behalf for personal, health, or financial matters if you become incapacitated. While many people rely on the standard forms from the Queensland Department of Justice and Attorney-General, these templates often omit important clauses that can make a real difference in complex situations. In this episode of the Vicca Law Podcast, we explore additional terms and clauses you should consider including in...

14 November 2024

The Vicca Podcast

43. Do I need to apply for probate

A common question that arises after someone passes away is whether an executor needs to apply for probate. The answer depends on the specifics of the estate and the assets involved. Probate is the legal process of proving that a will is the last valid testamentary document of the deceased. It involves submitting the will to the Supreme Court for validation, giving the executor and beneficiaries clarity and certainty when distributing assets. In this episode of the Vicca Law Podcast, we break...

7 Nov 2024

The Vicca Podcast

42. Control of your company or trust after your death

Many people overlook the importance of planning for business control after death, often delaying these considerations until prompted during estate planning. If you own a business, act as a trustee, or manage corporate structures, it's essential to address these matters in your will to ensure a smooth transition and safeguard your legacy. In this episode of the Vicca Law Podcast, we provide an overview of the key considerations for managing control of your business, trust, or company after you pass...

31 Oct 2024

The Vicca Podcast

41. Early dispute mistakes

When disputes arise—whether related to estate matters, contracts, tenancy, or business disagreements—many people make common mistakes early in the process. These missteps can weaken their bargaining position and lead to unnecessary costs, wasted time, and lost peace of mind. While seeking legal advice early on is ideal, some disputes may initially appear manageable without professional help. However, even small issues can escalate quickly if not handled correctly from the start. In this episode of the Vicca Law Podcast, we explore common early mistakes in disp...

24 Oct 2024

The Vicca Podcast

40. Options for blended families

Blended families—those with spouses or partners who have children from previous relationships—are becoming increasingly common. However, when it comes to estate planning, these unique family dynamics can introduce a host of complexities and potential conflicts. Succession planning in such situations requires a delicate balance between protecting the surviving spouse and ensuring the interests of biological children are safeguarded. In this episode of the Vicca Law Podcast, we delve into the challenges and strategies of estate planning for blended families, discussing how to navigate pote...

17 Oct 2024

The Vicca Podcast

Ep 39. Estate planning considerations for older Australians

As we age, our priorities, financial situations, and health needs inevitably change. For older Australians, creating or updating a succession plan becomes a crucial step to ensure their wishes are respected, their loved ones are protected, and their assets are distributed according to their desires. In this episode of the Vicca Law Podcast, we discuss the important considerations that older Australians should keep in mind when planning their estate and creating a will. From updating beneficiaries to addressing healthcare directives and considering...

10 Oct 2024

The Vicca Podcast

Ep 38. Excluding a Child From Your Will

As an estate planning lawyer, I am encountering an increase in matters where parents want to exclude a child from their will. This decision often stems from estrangement, concerns about a child's ability to manage money, or other personal reasons. However, excluding a child from a will is not a straightforward process—it involves careful legal considerations and potential challenges. In this episode of the Vicca Law Podcast, we provide an overview of the key factors parents should consider when making this de...