Introduction
Making a will is one of the most important steps in estate planning and documenting your wishes. A properly prepared last will and testament protects your loved ones, ensures your assets are distributed according to your intentions, and can reduce legal challenges in the future. Whether you use a simple Will kit, an online platform like Trust & Will, Rocket Lawyer, or Estate First, or hire a solicitor to draft a Legal Will, the cost of making a will in Australia varies widely. Key factors include your estate size, whether you need a Testamentary Trust, an Enduring Power of Attorney (POA), or other supporting legal documents like an Advance Health Care Directive. This guide explains the cost range, the different types of services, and the hidden legal fees and court applications involved, helping you create a legally sound estate plan.
What Factors Influence the Cost of Making a Will?
Several key factors influence the cost of making a will in Australia:
- Complexity of Estate: Estates with multiple properties, digital assets, international creditors, a family business, or complex tax considerations like tax clearance certificates or market depreciation will cost more to plan.
- Type of Will: A simple single will costs less than a complex living trust, a holographic will, or a will incorporating Testamentary Trusts or Letters of Instruction.
- Choice of Service: Costs vary depending on whether you use a DIY printable will form, an online provider (e.g., Will Store Pty Ltd, Campus Lawyers), a Solicitor Checked Will, or a traditional solicitor or succession lawyer.
- Inclusion of Other Legal Documents: Adding an Enduring Power of Attorney, Advance Health Care Directive, or POA forms increases legal costs but provides valuable protections.
- Geographic Differences: Costs vary across states such as New South Wales, Victoria, and Western Australia (e.g., Hay Street Perth), as well as between metropolitan and regional clients.
- Legal Costs and Fees: A lawyer’s hourly rate, flat fees, or uplift fee for urgent matters can affect your final bill.
Cost Breakdown by Type of Service
Below is a typical cost range for will services and related testamentary documents in Australia.
3.1 DIY and Will Kits
- Price Range: Free to $50
- Where to Get: Public Trustee offices, Wills on Wheels (for those with mobility restrictions), basic kits from retailers like Officeworks, or downloadable PDFs (e.g., Adobe Acrobat Reader DC or PDF Viewer required).
- Key Risks: Risk of legal challenges, errors in execution, or invalidity in the Supreme Court or County Court if not correctly witnessed.
3.2 Online Will-Writing Services
- Price Range: $80 to $350 for a simple single will; mirror wills slightly more.
- Description: Providers such as Trust & Will, Rocket Lawyer, and Estate First offer interactive templates and solicitor-checked options.
- Service Levels:
- Basic: Template only (self-service)
- Premium: Includes legal review, secure storage, and updates (often with Five Year access).
- Typical Add-ons:
- Will storage ($30–$60 annually)
- Unlimited updates or telephone appointments (annual subscription fees may apply)
| Service Level | Single Will ($) | Mirror Will ($) | Legal Review | Storage Option | Update Option |
|---|---|---|---|---|---|
| Basic Template | 80 – 150 | 120 – 220 | Usually no | Optional ($30) | One-off fee |
| Premium Solicitor-Checked | 150 – 350 | 200 – 450 | Yes | Included/extra | Annual fee |
3.3 Professional Will Writers
- Price Range: $200 to $500
- Details: Professional will writers or client service officers draft your legal will but may charge extra for POA forms, final arrangement forms, or complex trust structures. Always confirm if they are regulated succession lawyers.
3.4 Solicitors and Estate Attorneys
- Simple Will: $300–$600
- Complex Will with Testamentary Trust: $800–$1,500 or more
- Joint/Mirror Wills: $500–$900
- Advantages: Full legal advice, tailored solutions, and representation in probate court or court hearings if disputes arise. Solicitors like Galbally & O’Bryan or other succession lawyers can also assist with dispute resolution, asset protection, and preparing for possible Will Contest cases.
Additional Legal Costs: Probate and Administration
Even after making a will, your estate may incur probate costs, including:
- Probate Applications: Application fees for the Supreme Court (varies by state).
- Court Fees and Affidavit Evidence: Required to prove the will’s validity and obtain a Grant of Probate.
- Probate Lawyer Fees: Charged as flat fees, hourly fees, or based on a percentage of the estate.
- Executor Fees: Paid to the appointed executor for their administrative work.
- Property Valuations and Asset Transfers: Costs for professional valuations and transfer of real estate or shares.
- Tax Clearance Certificates: Required for complex estates before final distributions.
Optional Extras and Hidden Fees
- Storing Your Will: Secure storage with a solicitor, Public Trustee, or private company ($30–$100 annually).
- Amendments and Updates: Updates after life changes (marriage, divorce, birth of children) cost $50–$150 per update.
- Enduring Power of Attorney (POA): Typically $150–$500 depending on complexity.
- Advance Health Care Directive: $100–$250 depending on state laws.
- Living Wills: For health care decisions, usually $80–$200.
Free and Discounted Options
- Public Trustee Services: Some states (e.g., New South Wales) offer free or low-cost wills if you appoint the Public Trustee as executor, especially for concession card holders.
- Charity Wills: Certain events provide free wills in exchange for a charitable bequest.
- Regional Clients: Options such as telephone appointments or mobile services like Wills on Wheels assist clients in remote areas or those with mobility restrictions.
Step-by-Step Guide to Making a Will
- Assess Your Estate Plan: Review assets, digital assets, family business interests, and term life insurance policies.
- Determine Complexity: Consider whether you need Testamentary Trusts, POA forms, or health care directives.
- Set Your Budget: Balance affordability with professional guidance.
- Choose Your Service: Decide between DIY, online, or solicitor services.
- Prepare Legal Documents: Gather certified identification, property valuations, and relevant financial information.
- Check State Laws: Each state has unique requirements for witnessing and filing Will Application Forms.
- Consider Probate: Plan for potential probate applications, court fees, and dispute resolution if contested.
Frequently Asked Questions (FAQ)
- Is a DIY will valid?
Yes, if it complies with state laws, but it carries higher risk of legal challenges in probate court. - What is an Enduring Power of Attorney?
A document that appoints someone to manage your financial and personal affairs if you lose capacity. - Do I need a solicitor?
Strongly recommended for complex estates, blended families, or when drafting living trusts or advanced estate plans. - What happens if I die without a will?
Intestacy laws dictate how assets are distributed, which may not reflect your wishes. - How often should I update my will?
After major life events or every 3–5 years to account for cost of living changes or market depreciation. - What is a Will Contest?
A legal dispute where someone challenges the validity of a will, requiring affidavit evidence and potential court hearings.
Example Cost Scenarios
- Scenario 1: Single person with no property – DIY printable will form ($50–$150).
- Scenario 2: Married couple with real estate and children – Solicitor Checked Will with POA forms ($800–1,200).
- Scenario 3: Blended family with international creditors and family business – Full estate plan with Testamentary Trusts, living will, and Enduring Power of Attorney ($1,500–3,000 including probate lawyer fees).
Conclusion
Creating a will and supporting testamentary documents is a vital step in protecting your loved ones and securing your assets. Whether you choose a basic Will kit, an online provider like Trust & Will, or a full-service solicitor, understanding the cost range, potential legal fees, and hidden expenses like executor fees or court applications will help you make informed decisions. Proper estate planning ensures that your wishes are respected, assets are protected, and your family avoids unnecessary stress during the probate process.
Disclaimer: The information provided on this blog is general in nature and does not constitute specific financial advice. It is intended for educational purposes only and should not be relied upon as a substitute for professional financial advice tailored to your individual circumstances. For personalized financial assistance, please contact Brandon Foster via the contact page.