The Vicca Law Podcast: Protecting Legacies. Resolving Conflicts.

9 April 2026

The Vicca Law Podcast

Season 3 Episode 10: How Should Attorneys Act and What Does it Involve?

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.

Listeners are guided through the co...

2 April 2026

The Vicca Law Podcast

Season 3 Episode 9: The Structure of an Enduring Power of Attorney

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.

Listeners are guided through the key co...

26 March 2025

The Vicca Law Podcast

Season 3 Episode 8: Will vs. Letter of Wishes

In this week’s episode of The Vicca Law Podcast, the March “Will Basics 101” series concludes with a discussion on the difference between a Will and a Letter of Wishes. While a Will provides legally binding directions to executors about how an estate should be administered and distributed, a Letter of Wishes serves as a complementary but non-binding document that offers additional guidance after death.

The episode explains how a Letter of Wishes can be used to record personal prefer...

19 March 2025

The Vicca Law Podcast

Season 3 Episode 7: Guardianship Under Your Will

In Episode 7 of The Vicca Law Podcast, the March “Will Basics 101” series continues with a focused discussion on guardianship—one of the most important, and often most difficult, decisions for parents of young children. 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, school...

12 March 2025

The Vicca Law Podcast

Season 3 Episode 6: Gifting Under Your Will

In this week’s episode of The Vicca Law Podcast, the March theme of “Will Basics 101” continues with a clear and practical discussion on gifting under a Will. 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. The episode then explores how the re...

5 March 2025

The Vicca Law Podcast

Season 3 Episode 5: The Structure of a Will

In this episode, the focus returns to the fundamentals of estate planning by unpacking the structure of a Will. Many people have never actually read a Will before preparing their own, which can make the process feel unfamiliar or even overwhelming. 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...

26 February 2025

The Vicca Law Podcast

Season 3 Episode 4: Forgotten Aspects of your Estate Plan

In this episode, the conversation closes out February’s “Start 2026 Right” series by spotlighting 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.

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19 February 2025

The Vicca Law Podcast

Season 3 Episode 3: hould you be Considering a Testamentary Trust in your Will

In this episode, the focus turns to testamentary trusts: what they are, why they matter, and whether you should consider including one in your Will in 2026. This episode explores how testamentary trusts offer long-term protection and tax efficiency by keeping assets within a trust structure rather than passing them to beneficiaries outright. The episode unpacks the benefits for both minor and adult beneficiaries, including control over how and when young beneficiaries can access funds and the...

5 February 2025

The Vicca Law Podcast

Season 3 Episode 2: Does your Enduring Power of Attorney Need to be Updated

In this week’s episode, the focus turns to Enduring Powers of Attorney (EPOAs) and the circumstances under which they should be reviewed or updated. Let’s explore practical considerations for those who already have an EPOA in place. The discussion covers the key reasons for updating this vital document, including changes to nominated attorneys, significant health events, or evolving family dynamics. It also highlights the importance of understanding when the authority under an EPOA begins, an o...

5 February 2025

The Vicca Law Podcast

Season 3 Episode 1: Does your will need to be updated?

In this week’s episode of The Vicca Law Podcast, the 2026 season kicks off with a timely look at one of the most fundamental questions in estate planning: does your Will need to be updated? Many people assume that once a Will is signed, it’s set for life—but this is rarely the case. Changes in relationship status, such as marriage, separation, or entering a de facto relationship, can significantly impact the validity and relevance of your Will under...

18 December 2025

The Vicca Law Podcast

Season 2 Ep. 42 2025 Wrap Up - Legal Trends I have seen in practice this year

In this week’s episode, attention turns to the key legal trends that have shaped estate planning and succession law throughout 2025. From the growing popularity of testamentary trusts to a noticeable rise in capacity-related disputes, this episode explores how Queensland families are increasingly approaching their estate plans and where many continue to face preventable challenges. The discussion breaks down four major trends observed in practice over the past year, examining what is driving these ch...

11 December 2025

The Vicca Law Podcast

Season 2 Ep. 41 Superannuation and your estate

In this week’s episode, the focus turns to superannuation and the critical role it plays in effective estate planning. Often one of the largest assets a person holds, superannuation is commonly misunderstood, particularly when it comes to what happens after death. This episode explains why super does not automatically form part of an estate, how superannuation death benefits are controlled by fund trustees, and the importance of correctly structured binding and non-binding death benefit nominations. The discussion highlights the risks of ou...

27 November 2025

The Vicca Law Podcast

Season 2 Ep. 40 Elder Law Trends Emerging in Practice

In this episode, the team explores the emerging trends shaping elder law in Queensland as the state’s population continues to age. Drawing from real matters seen in practice, the discussion highlights the most common issues affecting older Australians and their families from rising concerns around capacity and financial mismanagement to disputes involving Enduring Powers of Attorney and family conflict. The episode also examines why these challenges are becoming more frequent, the legal implications for decision-makers, and how proactive estate pl...

20 November 2025

The Vicca Law Podcast

Season 2 Ep. 39 Capacity issues with Elders

In this week’s episode, the conversation turns to one of the most complex and frequently misunderstood topics in estate planning: capacity. As Australians live longer and accumulate more substantial estates, legal capacity has become a pivotal concern—particularly when drafting Wills, appointing Enduring Powers of Attorney, or managing the affairs of an older loved one. This episode explores how capacity is defined and assessed under Queensland law, and why it is essential to address these issues early and thoughtfully. The discussion cove...

13 November 2025

The Vicca Law Podcast

Season 2 Ep. 38 Elder Abuse

In this week’s episode, the discussion continues the Elder Law series with a closer look at elder abuse—an increasingly significant legal and social issue in Australia. As more families navigate the challenges of ageing, medical decision-making, and financial responsibility, understanding elder abuse is essential. The episode examines the different forms elder abuse can take—ranging from financial exploitation to emotional manipulation—and explains why early legal planning is key to prevention. Listeners will gain insight into how Queensland law addresses elder abuse, what war...

6 November 2025

The Vicca Law Podcast

Season 2 Ep. 37 What is Elder Abuse and why does it matter

In this week’s episode, the focus turns to elder abuse - what it is, why it matters, and the legal safeguards available to protect older Australians. As the population ages and lifespans increase, issues relating to incapacity, decision-making powers, and vulnerability are becoming more prevalent. The episode outlines the various forms of elder abuse, including financial, emotional, and physical harm, and examines the warning signs and legal challenges families may encounter. It also discusses the role of...

30 October 2025

The Vicca Law Podcast

Season 2 Ep. 36 Testamentary Trusts

This week’s episode breaks down the role of testamentary trusts in modern estate planning. Often misunderstood, testamentary trusts are powerful legal tools that come into effect after your death, offering enhanced protection, control, and flexibility for how your assets are distributed. Lidia explains how these trusts can help shield inheritances from potential risks such as relationship breakdowns, financial mismanagement, or vulnerability due to age or disability. Whether you’re looking to support children, safeguard intergenerational wealth, or tailor your estate to complex family dyna...

23 October 2025

The Vicca Law Podcast

Season 2 Ep. 35 Safeguarding in Future Relationship

In this week’s episode, Lidia Vicca explores 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 of...

16 October 2025

The Vicca Law Podcast

Season 2 Ep. 34 Steps to Take After You Separate From Your Spouse

In this week’s episode, Lidia Vicca outlines the critical estate planning steps to take after separating from a spouse or de facto partner. Separation is more than just a relationship milestone, it carries significant legal implications for your Will, Enduring Power of Attorney, and other estate documents. Lidia discusses what changes occur automatically under Queensland law, what must be updated manually, and the risks of leaving outdated provisions in place. Whether you’re newly separated or have...

09 October 2025

The Vicca Law Podcast

Season 2 Ep. 33 De Facto Relationships and Your Will

In this week’s episode, Lidia Vicca explores how de facto relationships impact your Will and estate planning in Queensland. Under the Succession Act 1981 (Qld), de facto partners have rights similar to spouses when it comes to inheritance—but only if specific legal criteria are met. Lidia outlines what legally constitutes a de facto relationship in Queensland, the types of evidence needed to prove one, and the implications for both testators and beneficiaries. Whether you’re in a long-term partnership, living...

02 October 2025

The Vicca Law Podcast

Season 2 Ep. 32 What Happens to Your Will When You Get Married?

In this week’s episode, the focus turns to how marriage can unexpectedly impact your estate plan. Many people are unaware that in Queensland—and most other Australian jurisdictions—getting married automatically revokes an existing Will, unless that Will was made in contemplation of the marriage. This legal reality can create significant unintended consequences, particularly for those entering a second marriage or blended family situation. Lidia Vicca explains why it’s essential to update your estate plan as part...

25 September 2025

The Vicca Law Podcast

Season 2 Ep. 31 Guardianship applications in QCAT

In this week’s episode, Lidia discusses guardianship applications in the Queensland Civil and Administrative Tribunal (QCAT)—a legal process that becomes necessary when an adult loses capacity and there is no valid Enduring Power of Attorney in place. The episode explores the circumstances that might lead to a guardianship application, the distinction between a guardian and a financial administrator, and how QCAT assesses who should be appointed to make personal and health-related decisions on behalf of a loved one. Whether you're a fa...

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...