Getting legal help
You may need legal help when you’re the executor of a will. What solicitors can help with, what they charge and getting help from NSW Trustee & Guardian.
Types of legal help
Solicitors can help with many of the legal processes that are involved in executing a will. These include:
- assessing the will
- preparing a grant of probate
- contacting organisations
- contacting beneficiaries
- explaining how legal processes work
- contests to the will or the estate.
How much lawyers charge
In NSW, the amount a lawyer can charge for work they do up to obtaining the grant of probate or letters of administration is set by law. The set fees are based on the value of the estate.
However, the fees that are set by law do not include:
- goods and services tax (GST)
- disbursements (expenses) paid to third parties such as court filing fees and online registry notice fees
- work carried out by the lawyer to administer the estate after the grant of probate or letters of administration. For example, transferring property to the beneficiaries.
A lawyer must provide you with a costs agreement and disclosure in writing.
Find more information about getting legal advice at LawAccess NSW.
Help from NSW Trustee & Guardian
NSW Trustee & Guardian are a government agency that specialise in wills and estates.
If you do not want to accept the role of executor, you can appoint NSW Trustee & Guardian to act as the executor for you.
Trustee and Guardian charge for their services. The amount they charge depends on how complex the estate is and what services you are asking for.
Get help with estate administration at NSW Trustee & Guardian.