What actually drives the cost of a will
There is no single price for a will because no two estates are the same. What you are paying for is the work of understanding your situation, advising you on it, and drafting a document that does what you want and will hold up. The things that move the cost are all to do with complexity.
A simple will is the least expensive. This is the situation where your affairs are straightforward: you want to leave everything to your spouse, or to your children equally, you have a clear choice of executor, and there is nothing unusual about your assets or your family. The work is contained, and the cost reflects that.
A complex will costs more because it involves more work and more judgement. Complexity comes from things like a blended family, where children from an earlier relationship need to be provided for alongside a current partner; a desire to set up a testamentary trust, for example to protect an inheritance for a young or vulnerable beneficiary or for tax reasons; business interests or company and trust structures that need to be dealt with; significant or unusual assets; assets overseas; or a real risk that someone will challenge the will, which calls for careful drafting and a record of your reasons. Each of these adds to the time involved, and so to the cost.
Couples often have wills prepared together, with mirror provisions, which is usually more efficient than two entirely separate exercises.
The practical point is that when you ask what a will costs, the most useful answer comes after a short conversation about your circumstances, because that is what determines which of these you are.
A will is cheap. Administering an estate is a separate cost
People sometimes confuse the cost of making a will with the cost of dealing with an estate after a death. They are different things, paid at different times, by different people.
The cost of the will is what you pay now, while you are alive, to have the document prepared. It is a one-off, and for most people it is modest.
The cost of administering the estate arises later, after death, and is paid out of the estate itself, not by you in advance. This is where probate comes in. Probate is a grant from the Supreme Court of Queensland confirming that a will is valid and that the executor has authority to deal with the estate. Whether probate is needed depends on what the estate holds: some assets, such as real estate held in the deceased’s sole name or larger bank balances, generally require a grant before they can be dealt with, while small or jointly held assets often do not. The executor then collects the assets, pays the debts and tax, and distributes what is left to the beneficiaries. The legal costs of obtaining probate and administering the estate are a cost of the estate.
The reason this matters when you are thinking about the cost of a will is reassurance: making a will does not commit you to the later administration costs, and a clear, valid will tends to make that later administration simpler and cheaper, because the executor is not left untangling ambiguity or defending a poorly drafted document.
“The cheapest estate planning mistake to fix is the one you catch while you are alive. The most expensive is the one your family discovers after you are gone.” |
The real cost of dying without a will
The most expensive will is the one that was never made. If you die without a valid will in Queensland, you die intestate, and the law, not you, decides who receives what. Your estate is distributed under a fixed formula in the Succession Act 1981 (Qld). That formula takes no account of what you intended, what you promised, or what your family actually needs.
The distribution is set out in Schedule 2 of the Act. The result that surprises people most is what happens when you leave both a spouse and children. Your spouse does not automatically receive everything. Under the formula, the spouse is entitled to the household chattels, the first $150,000, and then a share of the balance: one half if you leave one child, or one third if you leave more than one child. The children share the rest. A long-married couple with a modest home and two children can find the surviving partner sharing the house with the children, including, in a blended family, adult children from an earlier relationship.
Intestacy also imposes real costs in money and time. Because there is no executor named, a family member must apply to the Supreme Court to be appointed administrator before the estate can be dealt with, which is a legal process with its own costs. A de facto partner inherits only if the relationship meets a legal test, so an unmarried partner of, say, eighteen months with no children can receive nothing under the formula and be left to bring a court claim against the estate simply to be provided for. And if no relatives qualify at all, the estate passes to the State of Queensland as bona vacantia.
None of this is hypothetical, and all of it is more expensive, slower and more painful than the cost of having made a will. If you want to understand the full picture of what intestacy does, the firm has a separate guide on what happens in Queensland if you die without a will. The cost of a will is best understood against that backdrop.
Why a cheap will kit can be the most expensive option
A do-it-yourself will kit or an online template looks like the cheapest path, and sometimes it is genuinely adequate for a very simple situation. But a will that is invalid, or valid but unclear, can cost your family far more than a properly drawn will would have cost you.
A will is not valid simply because it is written down and signed. Under the Succession Act 1981 (Qld) it must be in writing, signed by you, and witnessed correctly by two witnesses present at the same time. This is where home-made documents most often fail. A common and serious mistake is having a beneficiary, or a beneficiary’s husband or wife, act as a witness, which can cost that person their gift. Another is signing without both witnesses in the room together. A document that does not meet the requirements is not automatically worthless, because the court has power to recognise an informal will, but that means a court application, legal costs and delay, at exactly the time your family can least manage it.
Even a technically valid kit will can do damage if it does not actually achieve what you intended: a gift that fails, an executor who cannot act, a blended family left to argue over an ambiguous clause, or superannuation that the will does not, and cannot, control. The saving on the front end is small. The cost of fixing it later, often through a dispute, is not.
What a will fee should include
When you ask about the cost of a will, it is worth asking what the fee actually covers, because a will rarely sits entirely on its own. A few things commonly go with it.
Enduring power of attorney. A will deals with what happens after you die. An enduring power of attorney deals with what happens if you lose capacity while alive, by appointing someone to make financial and personal decisions for you. Many people put both in place at once, and it is sensible to ask whether a quote covers the will only or includes an enduring power of attorney.
Advice on assets that pass outside your will. Some of your most valuable assets may not be controlled by your will at all. Superannuation is the clearest example: it is often paid at the fund trustee’s discretion unless you have made a valid binding death benefit nomination, and life insurance held through super follows the same path. Jointly owned property usually passes automatically to the surviving owner. Good advice when making a will includes identifying these and making sure your overall plan, not just the will, does what you want.
Storage and review. Ask where the original will be kept and whether updates are catered for. A will is not set and forget: marriage revokes a will made beforehand unless it was made in contemplation of that marriage, divorce cancels gifts to a former spouse, and a new child or a major change in your assets are all reasons to review what you have.
What this means for you
Judge the cost against what it protects
A will is inexpensive compared with the cost and distress of intestacy, a failed gift, or a family dispute. The right comparison is not the fee on its own, but the fee against the consequences of not having a valid, clear will.
Get a fee that fits your situation
If your affairs are simple, say so and ask for a simple will. If you have a blended family, a business, or want a trust, expect the cost to reflect the extra work, and make sure the will actually deals with those things rather than glossing over them.
Do not assume your partner is protected by default
Without a will, the intestacy formula splits your estate between your partner and your children, and a de facto partner may take nothing unless the relationship meets the legal test. Only a will makes your intention certain.
Ask what else you need alongside the will
An enduring power of attorney, a binding death benefit nomination for your superannuation, and a plan for jointly held assets often belong in the same conversation. A will done in isolation can leave gaps that cost more to fix later.
Wills and estate planning A clear, valid will is one of the least expensive and most useful things you can put in place for the people you leave behind. Our wills and estate planning team offers a free 15-minute scoping call to talk through what your situation needs. There is no obligation, and any engagement is agreed in writing before work begins. |
Common questions about the cost of a will
How much does a simple will cost in Queensland?
The cost of a will depends on your circumstances, and a simple will, where your affairs and wishes are straightforward, sits at the lower end. The most reliable way to get a figure for your situation is a short conversation, because complexity, not a fixed price list, is what determines the cost.
Is it cheaper to use an online will kit?
The upfront price is lower, and for a very simple situation a kit can be adequate. The risk is a will that is invalid or unclear, which can cost your family far more to resolve, sometimes through a court application or a dispute, than a properly drawn will would have cost you. The saving is small and the downside can be large.
What is the difference between the cost of a will and the cost of probate?
A will is what you pay now to prepare the document. Probate and estate administration arise after death and are paid out of the estate, not by you in advance. They are separate costs at separate times. A clear, valid will tends to make the later administration simpler and cheaper.
What happens to the cost if I die without a will?
Dying without a will is usually the most expensive outcome. Your estate is distributed under the fixed formula in the Succession Act 1981 (Qld), a family member must apply to the Supreme Court to administer it, and disputes are more likely, all of which add legal costs and delay that a will would have avoided.
Should a will and an enduring power of attorney be done together?
They often are, because they cover different risks: a will deals with what happens after death, and an enduring power of attorney deals with decisions if you lose capacity while alive. Preparing both at once is common and efficient. Ask whether a quote covers the will only or includes an enduring power of attorney.
This article is general information only and not legal advice, and it does not contain a quote or an estimate of the firm’s fees. The rules summarised here come from the Succession Act 1981 (Qld) and can apply differently to your circumstances. Contact Fraser Lawyers for advice and a costs disclosure specific to your situation.
If you would like to discuss your matter, you can book a consultation or call (07) 5554 6116.
