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 components of the document, including identifying the principal, appointing attorneys, outlining decision-making authority, and determining when the power begins. The discussion also explores how attorneys can be appointed to act jointly, successively, or independently, and highlights the importance of carefully considering who is given this responsibility.

By breaking down the structure of the document step by step, this episode provides a clear foundation for understanding how an Enduring Power of Attorney operates under Queensland law and why putting one in place is a vital step in protecting your future decision-making.

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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 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. It also highlights how Letters of Wishes can address sentimental personal belongings that may not warrant formal gifting in a Will but still carry significant emotional value.

Listeners will learn why this flexible document can be a valuable part of a well-rounded estate plan and how it allows individuals to communicate personal intentions, context, and messages to loved ones without creating binding legal obligations.

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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, schooling, and the day-to-day realities of raising children. The episode also highlights the importance of revisiting guardianship decisions over time as family circumstances evolve and explains how a guardianship fund can be incorporated into a Will to support the appointed guardian financially. With practical insight and reassurance, this episode encourages parents not to let uncertainty delay their estate planning and reinforces the importance of formally documenting guardianship wishes to safeguard their children’s future.

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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 residue estate is typically distributed, including common structures such as gifting to a surviving spouse and then to children, as well as alternative approaches depending on family dynamics. It also touches on testamentary trusts as a more protective method of gifting and briefly addresses who can legally receive a gift under a Will. Importantly, the episode highlights the need for careful legal advice when structuring gifts, particularly where potential estate challenges may arise. Whether preparing a first Will or reviewing an existing one, this episode provides foundational guidance to ensure your wishes are clearly documented and legally effective.

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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 why structure matters, how clarity prevents disputes, and what separates a carefully prepared estate plan from a simple template document. Whether you’re creating your first Will or reviewing an existing one, this episode provides practical insight to help you move forward with greater confidence and understanding.

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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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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 ability to designate trusted individuals, not necessarily legal guardians, to manage the trust. Whether you have concerns about family dynamics, financial stewardship, or generational wealth planning, this episode provides practical guidance on when a testamentary trust is not just a good idea but an essential one.

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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 often-overlooked detail that can lead to confusion. Gain insights into revocation requirements, immediate versus conditional commencement of powers, and the additional protective clauses often included in EPOAs drafted as part of a comprehensive estate plan. Whether prompted by age, illness, or simply a change in personal circumstances, this episode is an essential guide for anyone seeking to ensure their enduring documents remain accurate, enforceable, and aligned with their current wishes.

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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 Queensland law. Other key reasons to update include the death or relocation of executors or beneficiaries, the birth of children, and changes in guardianship preferences. The episode also highlights lesser-known risks, such as naming an overseas resident as executor or leaving assets to beneficiaries who are now foreign residents. With practical examples and legal context, the discussion emphasises the importance of regularly reviewing your Will to ensure it reflects your current wishes and circumstances. Tune in to learn what life changes should prompt a Will review and how to ensure your estate plan remains effective, valid, and aligned with your intentions.

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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 changes and what they mean for individuals, families, and future planning. This episode offers valuable insight for anyone wanting to stay informed about the evolving legal landscape and the practical steps that can help protect their legacy.

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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 outdated or invalid nominations, common misconceptions around super and Wills, and the serious consequences that can arise when planning is overlooked. This episode provides essential insight for anyone wanting to ensure their superannuation is distributed in accordance with their wishes and their loved ones are properly protected. 

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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 planning can help prevent many of the problems now appearing before lawyers and tribunals. Whether you’re supporting ageing parents or planning for your own future, this episode provides practical insights into the shifting landscape of elder law and the steps families can take to stay protected. 

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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 covers warning signs of diminished capacity, the legal tests applied in various contexts, and the practical implications for individuals, families, and legal representatives. Whether you're planning for yourself or supporting an elderly relative, this episode offers critical insights into how to navigate capacity concerns with clarity and care.

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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 warning signs to look for, and the legal mechanisms available to protect vulnerable older individuals, including Enduring Powers of Attorney and guardianship applications. This episode provides practical guidance for anyone concerned about the wellbeing of an ageing parent, relative, or friend.

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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 Enduring Powers of Attorney and the importance of acting early to ensure appropriate safeguards are in place. This episode offers valuable guidance for anyone supporting ageing loved ones or seeking to understand their legal options in Queensland.

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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 dynamics, this episode provides practical insights into how testamentary trusts can support your long-term intentions.

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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 offers practical guidance for anyone seeking to protect their legacy while embracing a new chapter in life.

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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 been living apart for some time, this episode provides clear and practical guidance to help you protect your assets, avoid unintended gifts to an ex-partner, and ensure your legal documents reflect your current intentions.

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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 together, or unsure about your legal status, this episode provides essential guidance on how to protect your wishes and avoid disputes after death. Tune in for practical advice to ensure your estate plan reflects your relationship and stands up to scrutiny.

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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 of your wedding checklist and discusses what happens if you die without a valid Will after marriage. This episode provides a clear and practical overview of how to safeguard your legacy, ensure your loved ones are protected, and avoid costly legal disputes arising from an outdated Will.

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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 family member navigating this process or simply planning ahead, Lidia offers clear guidance on how to approach this sensitive area of law with empathy and legal certainty.

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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 aged care admission or created as a proactive health decision, an AHD can offer peace of mind and clarity for your loved ones and treating doctors. Tune in for a thoughtful discussion on why this legal document matters and how to ensure it aligns with your wishes.

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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 help prevent them. Whether you're preparing your own EPOA or acting as an attorney for someone else, this conversation provides valuable insights to ensure the document works as intended when it’s needed most. Listen to the full episode wherever you get your podcasts.

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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 make on your behalf. Listeners will also learn why relying solely on default templates may be risky, and how tailored advice ensures the EPOA reflects your intentions. Whether you're creating an estate plan or helping a loved one prepare theirs, this episode is an essential guide to one of the most powerful and protective estate planning tools available.

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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 spouse or adult child, to remain in the home, while ultimately preserving the asset for another beneficiary. Listeners will gain insights into the legal mechanics of a right to reside clause, what conditions can be attached (such as maintenance responsibilities or time limits), and why it should be carefully drafted to reflect the intentions of the will-maker. Tune in for a thoughtful discussion on how this strategy can safeguard both relationships and legacies.

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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 under Queensland law, what to consider when naming a charity in your Will, and the legal strategies that can help avoid disputes or complications. Listeners will also learn the importance of correctly identifying the charity, addressing contingency plans, and working with an experienced solicitor to ensure the gift is carried out as intended. Whether you’re passionate about medical research, animal welfare, or community development, this episode offers practical guidance for those considering philanthropy as part of their legacy.

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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 strategies to avoid potential disputes among beneficiaries. If you want your most meaningful possessions to be passed on with love—and without conflict—this episode is an essential guide.

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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 ensure your furry (or feathered) companions are placed in the right hands. From choosing a suitable guardian to including provisions for pet expenses, this episode provides practical guidance to help pet owners safeguard their companions’ future with clarity and compassion.

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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 insolvency, bankruptcy, or lack of assets can affect recovery, and offers clear guidance on the processes available to enforce payment—from enforcement hearings to garnishee orders and seizure of property. Whether you’re an individual or a business seeking to recover money owed, this episode provides essential insights to help you move forward with confidence and clarity.

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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 filing a dispute. This episode offers clear, practical insights for individuals and small businesses navigating Queensland’s civil system, highlighting how QCAT can be a valuable tool for resolving disputes without the complexity and expense of traditional litigation. Whether you’re preparing to make a claim or respond to one, this episode equips you with the foundational knowledge you need to confidently approach the QCAT process.

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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 stages of legal argument all contribute to the cost of litigation. Listeners will gain insight into how legal fees, court filing costs, expert reports, and prolonged timelines can significantly impact the overall expense of resolving a dispute through the court system. Whether you're considering initiating a claim or responding to one, this episode provides valuable perspective on why it's essential to understand—and plan for—the full financial implications of court proceedings.

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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 mediation—that can help parties settle their issues without the need for court proceedings. She also discusses how these steps not only reduce legal expenses and stress but often lead to more constructive and timely outcomes. Whether you're dealing with a contract dispute, civil claim, or business disagreement, this episode offers practical guidance on how to resolve matters efficiently and protect your interests without the added burden of litigation.

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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 procedures involved, and why even in less formal settings, understanding the rules and expectations is crucial to achieving a favourable outcome. Listeners will gain insight into the structure of the state-based court system, how different matters are allocated based on complexity and monetary value, and the importance of knowing where their legal issue fits within this framework. This episode is a valuable primer for anyone preparing to initiate a claim, respond to one, or better understand their options in civil litigation in Queensland.

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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 and business partners exposed to risk and uncertainty. The episode highlights the role a shareholders agreement plays in protecting the interests of all parties—outlining what happens to the shares, how they are valued, who can acquire them, and what happens if beneficiaries do not wish to participate in the business. Without such an agreement, business succession can be fraught with conflict, delays, and unexpected outcomes. For anyone who owns or manages a private company, this episode offers practical insights into how to align business ownership with estate planning to safeguard both personal legacy and business continuity.

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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 understand the implications of their company constitutions, trust deeds, and shareholders agreements, and how these documents impact control and continuity after death or incapacity. The conversation covers critical succession tools such as company powers of attorney, buy-sell agreements, and buy-sell insurance, as well as key clauses like tag-along and drag-along rights that affect how and when shares can be transferred or sold. They also consider the challenges that arise when family members or third-party partners inherit business interests and why proactive planning can prevent future disputes or unintended outcomes. Whether you operate a small family business or co-own a company with business partners, this episode offers valuable insight into how thoughtful planning and clear documentation can safeguard your enterprise and legacy.

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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 trust must be carefully planned for. The episode unpacks the key elements of a trust deed and highlights why reviewing this document is essential when preparing an estate plan. It explains the role of trustees and appointors, and why their succession—particularly in the event of death or incapacity—must be clearly defined. Where corporate trustees are involved, listeners are reminded to also consider company constitutions and shareholdings, as control of the trust typically follows corporate control. For anyone with a family trust, this episode provides crucial insights into how to preserve and protect trust assets across generations through effective legal planning.

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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 unprepared. The conversation also highlights the difference in succession processes depending on whether the business is run as a sole proprietorship, partnership, company, or trust. Importantly, it underscores the risks of not including clear instructions for business succession, especially for sole directors or controllers of family trusts.

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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 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.  

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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. 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.

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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 tasks that executors are rarely prepared for. From notifying super funds and managing utilities, to chasing paperwork and dealing with banks, Danielle’s team steps in to support families during one of life’s most emotionally challenging times.

Whether you're an executor trying to keep your head above water or planning your estate with your family's future in mind, this conversation is full of practical insights and heartfelt advice.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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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.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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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 the Vicca Law Podcast, we break down when probate or letters of administration are required, why it matters, and how to determine the best course of action for your situation. We also cover common misconceptions and explain how to identify whether your loved one’s estate needs a formal grant.

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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 Letters of Administration, explain when each is required, and guide you through the application process for both. Whether you’re dealing with a will or facing intestacy (no will), knowing how to approach the situation can save time, reduce stress, and ensure a smooth administration process.

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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 best ways to use a lawyer at different stages of a dispute, from early negotiations and mediation to settlement discussions and court proceedings. We also share practical tips on working efficiently with your lawyer to keep costs under control while maximizing your chances of a favorable outcome. 

If you’re facing a dispute, the sooner you seek legal advice, the stronger your position will be. Listen to this episode to learn how to use a lawyer strategically and avoid common dispute mistakes.

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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 they can impact your legal options. Whether you're dealing with a business contract dispute, a construction disagreement, or a breach of contract, understanding the dispute resolution process can help you save time, reduce costs, and protect your legal position. 

If you’re dealing with a contract dispute, the first step is to check your agreement for a dispute resolution clause—and the second step? Call Vicca Law. Listen to this episode to learn how to navigate contractual disputes effectively.

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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 insights on how to choose the best approach for your legal situation.

If you’re facing a legal dispute, ADR may help you achieve a resolution faster and with less financial strain.

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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 specific legal matters they handle, from family lawyers dealing with divorce and child custody to civil litigation lawyers handling contract breaches and defamation claims. We’ll also explore how property lawyers resolve real estate disputes and how commercial dispute lawyers can protect your business from financial risks. 

If you’re facing a legal issue and aren’t sure where to start, this episode will help you navigate your options. Listen now to learn which type of lawyer you need and how to take action.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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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 explore how testamentary trusts work, why they offer superior protection compared to direct inheritance, and how they can shield your family’s assets from relationship breakdowns, creditors, and poor financial decisions.

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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 estate plan reflects your wishes. From structuring your assets strategically to appointing the right executor, we discuss practical solutions to protect your estate and provide clarity for your beneficiaries.

If you have an estranged child and want to ensure your estate is structured to minimize legal risks, now is the time to put a plan in place.

Next week, we’ll continue our estate planning series with a discussion on protecting assets from in-laws, particularly in situations involving son-in-laws and daughter-in-laws. Stay tuned for practical strategies to safeguard your children’s inheritance.

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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 property ownership and testamentary trusts to using superannuation nominations and life insurance to provide for children, we break down practical solutions to help you create a balanced and legally sound estate plan.

If you’re part of a blended family and want to ensure your estate is distributed according to your wishes, now is the time to take action.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

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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 create a comprehensive estate plan that safeguards your children’s future.

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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.

In this episode of the Vicca Law Podcast, we explore these prominent trends, offering insights into how they can shape your estate plan to meet your goals and adapt to life’s challenges.

Tune in to this episode to learn more about 2024’s estate planning trends and how to incorporate them into your plan.

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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 considering supporting a local cause or an international charity, this episode will guide you through the process, including important tax implications and how to address common concerns.

Listen to this episode to learn how to include charitable gifts in your will and make a meaningful impact for the causes you care about.

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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 ensure you feel prepared, confident, and clear about the steps to take in protecting your assets and loved ones.

Don’t miss this episode, where we break down everything you need to know to confidently prepare for your estate planning appointment and protect your legacy.

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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 your EPOA to ensure it meets your unique needs and provides comprehensive protection.

Tune in to this episode to discover how a well-drafted EPOA can safeguard your interests and provide peace of mind in unexpected situations.

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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 down the circumstances in which probate is necessary, the factors that influence the decision, and what executors need to know to navigate the process smoothly.

Listen to this episode to gain practical insights into the probate process and understand when it’s required to ensure the smooth administration of an estate.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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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 away. Learn how to avoid potential disruptions, ensure continuity, and protect what you’ve built for the next generation.

Listen to the full episode to explore practical strategies for planning business control after death and ensure your legacy is preserved.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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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 disputes and provide practical advice on how to protect your position and manage conflict effectively.

Listen to this episode to learn how to avoid costly mistakes in disputes and ensure you’re prepared to handle conflicts confidently and strategically.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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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 potential conflicts and create a plan that respects everyone's interests.

Tune in to learn how to effectively plan your estate to balance the needs of a blended family and avoid disputes down the road.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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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 the impact of aged care costs, we provide insights to help you make informed decisions for your future and your family's security.

Listen to the full episode for valuable tips on creating a comprehensive succession plan that aligns with your current needs and future goals.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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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 decision, including legal requirements, possible disputes, and strategies to minimize conflict and ensure their wishes are respected.

Tune in to this episode to understand the complexities of excluding a child from your will and get the guidance you need to make informed decisions about your estate plan.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep 37. Executor and beneficiary conflict

When it comes to estate administration, the role of the executor is to ensure that the deceased's wishes, as expressed in their will, are carried out properly. This involves collecting assets, settling liabilities, and distributing the estate according to the will or, in cases of intestacy, under the relevant law. However, conflicts between executors and beneficiaries can arise, turning the administration process into a challenging and contentious task. In this episode of the Vicca Law Podcast, we explore the common sources of conflict between executors and beneficiaries, how to prevent disputes from escalating, and the steps to take if conflicts do arise. Understanding these dynamics is crucial for a smooth and effective estate administration process.

Listen to the full episode to learn how to navigate and manage conflicts between executors and beneficiaries, ensuring a smoother estate administration process.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep 36. I’ve Separated from my spouse - now what?

Separation from a spouse, whether married or de facto, brings many changes and uncertainties. While your immediate focus may be on the emotional and logistical aspects of separation, it’s equally important to address the legal implications concerning your estate plan. Many people are unaware of how separation can impact their will, enduring power of attorney, and other crucial legal documents, potentially leading to unintended consequences. In this episode of the Vicca Law Podcast, we outline what you need to consider and the steps you should take to protect your estate and ensure your wishes are updated and clear following a separation.

Tune in to this episode to understand the critical steps you need to take after a separation to safeguard your estate and avoid unintended legal consequences.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep 35. When should the power under my Enduring Power of Attorney start?

When setting up an Enduring Power of Attorney (EPOA), one of the most critical decisions you'll need to make is determining when the authority of your attorney should begin. Many clients assume that an EPOA only takes effect when they become incapacitated, but this isn't always the case. At Vicca Law, we typically recommend that an EPOA activates only when a medical practitioner certifies incapacity, providing an extra layer of security. However, in some circumstances an immediate appointment may be appropriate. In this episode of the Vicca Law Podcast, we discuss the pros and cons of each option and help you make an informed decision about when your EPOA should come into effect.

Listen to the full episode to learn more about the critical considerations for setting up your Enduring Power of Attorney and ensure your wishes are clearly protected.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 34 Estate Planning Lawyer Red Flags

When planning your estate, finding the right lawyer is crucial to ensure your assets are protected and your wishes are fulfilled. However, not all estate planning lawyers are created equal, and there are certain red flags you should be aware of during your estate planning meetings. In this episode of the Vicca Law Podcast, we highlight key warning signs to look out for when choosing an estate planning lawyer. From vague communication to lack of transparency in fees, we'll guide you on how to spot these red flags and ensure you're receiving the best advice and service for your estate planning needs.

Tune in to learn how to identify red flags in estate planning services and make informed decisions to protect your assets and legacy.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 33 Will Myth Busting

Estate planning can be complex, with many myths and misconceptions that lead to misunderstandings and costly mistakes. In this episode of the Vicca Law Podcast, we debunk some of the most common myths surrounding wills and estate planning. From misconceptions about needing a large estate to benefit from a will, to misunderstandings about the probate process, we'll clarify the facts so you can plan your estate effectively and with confidence.

Listen now to uncover the truth behind common estate planning myths and learn how to protect your legacy with accurate information and smart planning strategies.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 32 Leaving Special Gifts in your Will

Estate planning is a crucial process that allows you to ensure your assets are distributed according to your wishes. A key aspect of this process is the ability to leave specific gifts in your will. These gifts allow you to personalize your estate plan by designating particular items or sums of money to specific beneficiaries, ensuring that cherished possessions and assets are passed on to those you intend. In this episode of the Vicca Law Podcast, we explore the concept of specific gifts—tangible items or particular sums of money designated to individuals or organizations in your will. Learn how these gifts can reflect your personal values and relationships, adding a unique touch to your estate plan.

Tune in to this episode to discover how you can create a meaningful and personalized legacy through specific gifts in your will, ensuring your cherished possessions reach the right hands.

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Ep 31 Estate Planning for Global Families

In today's interconnected world, families are often spread across the globe, with children choosing to live and work in different countries. This global lifestyle brings new challenges to estate planning, requiring careful consideration of various factors to ensure your assets are protected and your wishes are fulfilled. Whether you have children living overseas or hold international investments, it's essential to understand how these elements affect your estate planning strategy. In this episode of the Vicca Law Podcast, we delve into the complexities of estate planning for global families, offering insights on how to navigate legal systems across borders, manage international assets, and ensure your legacy is preserved for future generations.

Listen now to equip yourself with the knowledge and tools needed for effective estate planning in a globalized world, and take the first step towards securing your family's future.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 30 Avoiding Family Disputes After You Die

One of the most common and pressing questions I get in my estate planning appointments is, "How do I avoid a family dispute after I've passed away?" We've all heard the horror stories, and they usually boil down to two main issues: lack of planning and lack of communication. In this episode of the Vicca Podcast, we share practical tips to help you mitigate these risks and ensure your wishes are respected. From creating a clear and detailed will to having open conversations with your loved ones, we cover essential strategies to prevent family disputes and provide peace of mind for everyone involved.

Don't miss this episode—listen now to discover how you can safeguard your family's harmony and ensure your estate plan is followed exactly as you intend.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 29 What to do with Foreign Assets in your Estate Plan

Today, we're exploring the complex world of managing foreign assets in your estate plan. When most people think of foreign assets, they envision real estate in another country. However, foreign assets can also include shares in overseas companies, vehicles, personal belongings, or even bank accounts held abroad.

Imagine owning a villa in Spain, stocks in a UK-based company, and a bank account in Switzerland. Each of these assets needs careful planning and consideration. In this episode of the Vicca Podcast, we'll explain why it's crucial to have a will in every jurisdiction where your assets are located. Whether you're dealing with real estate, financial assets, or personal property abroad, understanding how to manage these foreign assets is essential for comprehensive estate planning. Tune in now to gain valuable insights and learn the steps you need to take to effectively manage foreign assets in your estate plan.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 28 Dealing with Real Property After Someone has Died

Today, we're diving into the crucial topic of managing real property in estate administration. Many people wonder what happens to a loved one's property when they pass away, especially if it's not clearly addressed in a will. Imagine you inherit a family home or an investment property. What are the steps to ensure it's handled correctly? In this episode of the Vicca Podcast, we'll walk you through the scenarios of specific bequests versus residue estate distribution. You'll learn how to transfer property to beneficiaries, navigate Queensland's stamp duty exemptions, and understand the potential capital gains tax implications. Whether you're an executor or a beneficiary, this episode will equip you with the knowledge to manage real property confidently and effectively.

Listen to the full episode for in-depth insights and practical advice on managing real property in estate administration.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 27 Am I in a De Facto Relationship

One of the bold questions that often comes up in my practice is, "Am I in a de facto relationship?" This question is crucial for your succession planning because a de facto spouse is treated the same as a spouse under the Succession Act in Queensland. It’s essential to understand whether you are in a de facto relationship, and today, we’ll explore what that means and look at some recent cases to illustrate the point.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

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Ep. 26 EPOA vs. AHD - what are the differences?

Making sure your legal documents reflect your wishes is crucial, especially when it comes to understanding the difference between an Enduring Power of Attorney (EPOA) and an Advanced Health Directive (AHD). Both documents are vital for managing your affairs if you can’t make decisions for yourself, but they serve different purposes. Find out in our latest episode!

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 25 Is it time to update your Will?

Imagine this: you've put in the effort to create a will, thinking you're all set. But life has a way of throwing curveballs—marriages, divorces, new children, and even changes in your financial situation. Have you thought about how these changes affect your will? If you haven't revisited your will recently, it might be time to do so.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 24 DIY Will - why you don't want one!

At first glance, creating a will might seem straightforward. You appoint an executor, get two independent witnesses, date it, and you're good to go, right? Unfortunately, the reality is far more complex. While the basics might seem simple, there are numerous ways a DIY will can fail, leading to costly consequences for your loved ones. Let's delve into some common mistakes and how to avoid them!

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Ep. 23 How do you choose a legal guardian for your children?

Choosing legal guardians for your children is an incredibly important decision, but it shouldn’t prevent you from completing your will. It’s far better to have a plan in place than to leave this decision up to chance. Remember, you can always update your will as circumstances change. As a parent myself, with two toddlers and a little girl on the way, I understand how challenging it is to consider who will care for your most precious loved ones if you and your partner unexpectedly pass away. Let's take a look at my top tips to choose the best guardians for your children.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 22 The essentials of Testamentary Trusts - what are they and how they can work for you!

Today, we are diving into the world of testamentary trusts. Many people approach me with questions about testamentary trusts, often without fully understanding what they entail. A testamentary trust, or TT as it’s known in the estate planning world, is a trust that is created through a will. Unlike a family trust, which is established during a person’s lifetime, a testamentary trust comes into effect only after the will-maker (the testator) passes away.

Imagine you have a house, some cash in the bank, and shares. Upon your death, these assets are transferred into the testamentary trust, which is managed by a trustee. The trustee is responsible for the day-to-day management of these assets and does so for the benefit of the beneficiaries. Beneficiaries are the individuals entitled to receive income and capital from the trust, though they do not own the assets directly.

In this podcast, we’ll break down the essentials of testamentary trusts, their benefits, and why you might consider including one in your estate plan.

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Ep. 21 Navigating the Court System in Queensland: A Guide for Civil Litigation

As promised, in this episode we are venturing down an uncharted road to explore the court system in Queensland, specifically focusing on civil litigation. Understanding the structure and processes of the court system is crucial for anyone involved in or contemplating legal action. The podcast also takes you through why civil litigation is lengthy and expensive. Let’s delve into the details together!

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Ep. 20 Nursing Home Rooming Accomodation Deposits - what is it and how to get it back

Today, we’re tackling a specific yet crucial topic: rooming accommodation deposits. This issue frequently arises for our clients, both in estate planning and estate administration contexts.

When entering a private nursing home, you are typically required to pay a rooming accommodation deposit. The amount varies widely, ranging from $230,000 to nearly a million dollars, depending on the nursing home and the facilities offered. You can pay this deposit in full upfront or make a partial payment and cover the remaining amount through weekly payments, calculated using a special formula by the nursing home.

Let's dive into what you need to know about rooming accommodation deposits and their implications for your estate planning and estate administration in the future.

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Ep. 19 Superannuation death benefit nominations

Today, we're diving into a topic that often leaves clients bewildered: superannuation nominations.

Superannuation nominations determine who will receive your superannuation benefits when you pass away. This is a critical component of your estate plan, and understanding your options can help ensure that your wishes are honoured.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 18 Addressing your blended family in your estate plan

Blended families, composed of spouses with children from previous relationships, require careful consideration when it comes to estate planning. While couples may be aligned in their relationship, differing family dynamics and financial backgrounds can lead to complex estate planning scenarios. In this episode we look at some typical scenarios and solutions to address your blended family in your estate plan.

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Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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Ep. 17 Estate Administration in Queensland

When you’ve been appointed executor by someone’s Will, or by way of the laws of intestacy, you are required to administer their estate. This process is called estate administration. This episode delves into the intricate process of managing a deceased’s estate and the essential steps you need to know and understand in your role.

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Ep. 16 What to do when someone dies

Losing a loved one is undoubtedly one of life's most challenging experiences. Amidst the emotional turmoil, there's also the practical matter of handling the deceased's affairs. In this episode, we'll explore the essential steps to take when someone passes away.

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Ep. 15 Pets in your Will

It's natural to be concerned about the well-being of your furry companions after you're gone. Pets are more than just animals; they're beloved members of the family for many people. However, it's essential to understand that pets cannot be direct beneficiaries in a will. So how do we deal with them in your Will? Take a listen and found out more!

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Ep. 14 What is intestacy?

Dying without a will means dying intestate and the laws of intestacy apply. It is a common misconception that people think if they don't have a will everything will go to their parents, siblings etc. - well that isn't the case and there may be some unintended consequences. In this episode we work through the laws of intestacy and I provide even more reasons as to why you need a will!

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Ep. 13 Power of Attorney vs. Enduring Power of Attorney - what is the difference?

Aren't these the same?! Nope! Listen and find out why when we delve into the difference between a Power of Attorney and Enduring Power of Attorney and why you may need one, the other or both!

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

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The Vicca Podcast

Ep. 12 Joint tenants vs. Tenants in Common - What is the difference?

Joint tenants vs. Tenants in Common - you've probably heard these words but do you know what they actually mean? In this episode we take a dive into the history of land ownership and how your holding of property can affect your estate planning.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

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The Vicca Podcast

Ep. 11 - 5 Life Changing Reasons to get a new Will!

There are a few times in your life where a new Will is a must! In this episode we discuss 5 life changing reasons to update or get a new Will!

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

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The Vicca Podcast

Ep. 10 What is QCAT?

The Queensland Civil and Administrative Tribunal is the lowest form of Court we have in Queensland, but it covers a variety of civil matters including minor civil disputes, tenancy disputes and dividing fence disputes. Learn more about how Vicca Law approaches QCAT matters and how we can assist you.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

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The Vicca Podcast

Ep. 9 Company Power of Attorney and why you need one!

If you are a sole director of a company and you become incapacitated - what happens to your company? Who deals with bills? Who does payroll? Who can access the bank accounts? Find out why you need a power of attorney for your company to ensure that you business runs if you are unavailable and keep things a float.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

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The Vicca Podcast

Ep. 8 Business Succession Planning

Own a business? Control a company? Or trustee of a trust? Find out what business succession planning is essential to you estate planning. At Vicca Law we specialise in business succession planning and helping you figure out the best solution to safe guard your legacy. Listen now!

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

Don't forget to follow us on socials and keep up to date with the latest news:

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The Vicca Podcast

Ep. 7 What is a Right to Reside clause?

Want someone to live in your home after you die but don't necessarily want to gift them your house - a right to reside might be for you! In this episode we explore a right to reside clause, when they would be used and issues you need to consider. This is the perfect podcast for you if you are in a de facto relationship, or have someone living with you in your home and want them to be able to after you die. So come on - find out more!

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

Don't forget to follow us on socials and keep up to date with the latest news:

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The Vicca Podcast

Ep. 6 Foundations of a solid Will - what are they? Do I have them?

A solid Will needs a solid foundation. Today we discuss what those foundations and include understanding your asset position, understanding family dynamics, who are appropriate executors, guardians, back ups and does your Will align with your business succession planning.

Find out now if you're Will is missing these solid foundations!

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

Don't forget to follow us on socials and keep up to date with the latest news:

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The Vicca Podcast

Ep. 5 Grant of Probate in Queensland and how to get it!

You've been appointed as an executor under a Will - now what? This episode guides you through the process of obtaining grant of probate in Queensland - what you need, how long it takes and when you will need it.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

Don't forget to follow us on socials and keep up to date with the latest news:

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The Vicca Podcast

Ep.4 Enduring Power of Attorney and why you need one!

But Lidia, it is just a form online! Yes - but what are you missing? In this episode we discuss the special features we recommend putting into your enduring powers of attorney, when they should kick in and who you should appoint as your attorneys.

Don't let this important aspect of your estate planning fail by missing this key step! So come on, listen now to find out more.

Don't forget to like, subscribe, follow and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

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The Vicca Podcast

Ep. 3 Why you DON't want a DIY Will! Picked up a DIY Will Kit at the post office - eek! Your estate plan might be in jeopardy!

We've recently had a succession (pardon the pun!) of people come through our doors with DIY or post office Wills and nearly all have failed to address significant aspects of their estate planning.

In this episode we explore why a DIY Will might be a good idea for the hip pocket, but not for your loved ones after you pass. Come find out why!

Don't forget to like, subscribe and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

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The Vicca Podcast

Ep. 2 Do I need a Will? Let's explore why you need a will even if you don't think you do!

The age old question - do I really need a Will?? ABSOLUTELY!

On our first substantive episode we explore the reasons why you need a Will and what happens if you do not have one when you die.

Key points to remember:

• your estate will be subject to the laws of intestacy meaning your wishes are not followed!
• your relationships can have unintended consequences on the distribution of your estate
• do you know and understand your asset position?
• have you considered succession for your business or trust? A proper succession plan will address these issues

Don't forget to like, subscribe and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

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The Vicca Podcast

Ep. 1 Get to know your host Lidia Vicca, director of Vicca Law

Join us as we meet Lidia Vicca, director of Vicca Law and host of the Vicca Podcast. After spending nearly 10 years in large commercial law firms Lidia was inspired to open her own firm to provide quality, cost-effective and solution based legal advice to middle income-earners and small business owners. Vicca Law's main services areas are Wills and Estate Planning; Probate and Estate Administration; and Litigation and Dispute Resolution.

There are also some surprises you might not know about Lidia. So come on, join us as we embark on this journey together!

Don't forget to like, subscribe and share The Vicca Podcast.

Visit our website www.viccalaw.com.au to download our FREE Guide on 5 Things you NEED to know about Estate Planning!

Ready to take the next step? Call us on 07 3138 9940 or visit our website www.viccalaw.com.au to book a FREE consultation.

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