
Season 3 Ep. 21 Defending a Challenge to a Will as Executor
The Vicca Law Podcast: Protecting Legacies. Resolving Conflicts.Show Notes
25 June 2026 The Vicca Law Podcast Season 3 Episode 21: Defending a Challenge to a Will as Executor In this episode, Lidia Vicca explains what executors should do when they believe a Will may be challenged in Queensland. Lidia discusses the importance of gathering contemporaneous evidence, why medical records can become critical in estate disputes, and the practical steps executors can take to protect the validity of a will before and after someone passes away. The episode also explores common misconceptions around hiding wills, the role of caveats and probate, and why early legal advice is essential when disputes arise. 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: Instagram Facebook LinkedIn
More from The Vicca Law Podcast: Protecting Legacies. Resolving Conflicts.
22 October 2026 The Vicca Law Podcast Season 3 Episode 38: What to Do as a Child of Someone Who has Died? Losing a parent is an incredibly difficult experience. Alongside the grief, there can be uncertainty about what needs to happen next, who is responsible for making decisions and whether you have a role in administering your parent's estate. In this episode of the Vicca Law Podcast, Lidia Vicca explains the practical and legal steps adult children may need to consider after a parent's death in Queensland. From locating the will and identifying the executor to protecting estate assets, understanding probate and letters of administration, and knowing your rights as a beneficiary, Lidia provides guidance on navigating the estate administration process. She also discusses what happens when a parent dies without a will, the importance of understanding family provision time limits, and when to seek legal assistance if disagreements arise between family members. Common Questions Answered in This Episode What should I do first when my parent dies in Queensland? How do I find out if my parent left a will? Who is responsible for administering a deceased parent's estate? What happens if my parent dies without a will? Can a child apply for letters of administration in Queensland? Do I need probate when my parent dies? What happens to my parent's house and bank accounts after death? What are an executor's responsibilities after a parent's death? Am I entitled to a copy of my parent's will? What rights do children have as beneficiaries of an estate? How long do you have to contest a will in Queensland? What happens if siblings disagree about estate administration? When should I contact an estate lawyer after a parent's death?
15 October 2026 The Vicca Law Podcast Season 3 Episode 37: Conflict Between Your Adult Children What happens when your adult children do not get along, and how could their conflict affect your estate plan? Family disagreements can become particularly difficult when a parent dies or loses the capacity to make decisions. Existing tensions between siblings can lead to disputes about inheritance, estate administration, financial decisions and the responsibilities of executors or attorneys. In this episode of the Vicca Law Podcast, Lidia Vicca explores how parents can plan for conflict between adult children before problems arise. From choosing an appropriate executor and avoiding joint testamentary trusts to appointing attorneys under an enduring power of attorney, Lidia explains practical considerations that can help reduce disputes, protect family relationships and avoid unnecessary legal costs. Common Questions Answered in This Episode What should I do if my adult children do not get along? Should I appoint children who are in conflict as joint executors? Can I appoint an independent executor instead of my children? What happens if siblings disagree during estate administration? How can I prevent inheritance disputes between my children? Should children who do not get along share a testamentary trust? How can I structure my will to avoid siblings jointly controlling assets? Should I appoint both children under my enduring power of attorney? What happens if siblings disagree about a parent's financial or personal decisions? Can an attorney be removed in Queensland? How can an attorney protect themselves against allegations of wrongdoing? Can estate planning help prevent family disputes after death?
08 October 2026 The Vicca Law Podcast Season 3 Episode 36: Children and Your Will If you have children, your will does much more than decide who receives your assets. It is also an opportunity to record your wishes about guardianship, consider how your children will be financially supported and plan how and when they receive their inheritance. In this episode, Lidia Vicca explores two important considerations for parents preparing a will: guardianship and gifting. From choosing the right guardian and reviewing that decision as your family changes, to using testamentary trusts and considering unequal or more complex inheritance arrangements, this episode explains why estate planning for parents is rarely as simple as “everything to the children equally”. Common Questions Answered in This Episode How do I appoint a guardian for my child in my will? Who should I choose as guardian for my children? Can grandparents be appointed as guardians? Do I need to tell someone I have nominated them as guardian? Can I change the guardian named in my will? Should the guardian and trustee for my children be different people? How can I financially support a guardian who takes care of my children? At what age should children receive their inheritance? Can a testamentary trust protect a child’s inheritance? Can a child contest a will in Queensland? Should children receive equal inheritances? How should I provide for a vulnerable child in my will? What should I consider when leaving an inheritance to an estranged child? How does a family business affect inheritance between children?
01 October 2026 The Vicca Law Podcast Season 3 Episode 35: Who is a Child for the Purpose of the Succession Act? Who legally counts as your child when it comes to your will and estate? The answer can be broader than many people expect, particularly for blended families. In this episode, Lidia Vicca explains who may be considered a child for family provision purposes under Queensland succession law, including children, adopted children and stepchildren. She explores why the legal position of stepchildren is particularly important when preparing a will and how becoming part of a blended family can create estate planning considerations that are easily overlooked. Lidia also discusses what can happen to the stepchild relationship following the death of their biological parent and why simply leaving a stepchild out of a will does not necessarily mean they have no rights after death. Common Questions Answered in This Episode Who is considered a child under the Succession Act in Queensland? Can a stepchild contest a will in Queensland? Do stepchildren have the same right to make a family provision application? Do adopted children have rights to contest a will? Does a stepchild remain a stepchild if their biological parent dies? What happens to a stepchild’s rights after divorce? Do I need to consider my stepchildren when making a will? Can I leave a stepchild out of my will? How do blended families affect estate planning? Who can make a family provision application in Queensland?
24 September 2026 The Vicca Law Podcast Season 3 Episode 34: Safeguarding Your Business for Longevity What would happen to your business if you died or became unable to make decisions? Would someone have the authority to pay staff, manage the company and protect the value of the business? In this episode, Lidia Vicca brings together the key estate planning considerations for business owners who operate through companies and trusts. She discusses the documents that can help a business continue through an unexpected change in leadership, including a company constitution, company power of attorney, shareholders agreement and trust succession arrangements. Lidia also explores why owners of multiple trusts should periodically review whether each structure still serves its intended purpose, with input from their accountant and other advisers. Common Questions Answered in This Episode What happens to my business if I die or lose capacity? Does my company need a constitution? What is a company power of attorney? Who can make business decisions if the sole director becomes incapacitated? Why do business partners need a shareholders agreement? What happens to my shares if I die? Who controls a family trust after the appointor dies? What is a deed of succession for a trust? Should I review trusts that are no longer being used? How can I include business succession in my estate plan?