How much does a will cost in Australia?

How much does a will cost? The quick comparison

The right choice depends less on the price than on how simple your situation is, and whether you're comfortable signing the will correctly yourself. Here's what each option costs and what drives the price.

How much does a lawyer charge for a will?

There's no official fee schedule for wills. Each firm sets its own price, often a fixed fee for a straightforward will, and more (sometimes an hourly rate) for a complex one.

The Legal Services Commission of South Australia, a government legal aid body, says private lawyers "may charge anything from $300 to $3,000 or more, depending on your needs", and suggests asking for a quote before you choose one. The more complex your needs, the higher the fee.

When you ask for a quote, check:

• whether it's a fixed fee or an hourly rate
• whether a will for your partner is included or extra
• whether a power of attorney or enduring guardianship is included
• what a later change will cost
• whether they'll store the original, and whether that's free

How much does a Public Trustee will cost?

Every state and territory has a government trustee: NSW Trustee & Guardian, State Trustees in Victoria, and a Public Trustee (in the ACT and NT, combined with the Public Guardian) everywhere else. Their will fees, and who gets a free will, vary a lot.

In South Australia and Tasmania, the free will depends on appointing the Public Trustee as executor, and Public Trustee WA only drafts wills that name it as executor or backup executor. In NSW and Queensland you don't have to appoint the trustee as executor to get your will made.

Appointing a professional executor can be the right call if you have nobody suitable, or you'd rather your family didn't carry the work. Just weigh the fee against having a family member or friend do it. See choosing an executor.

How much does a will kit cost?

Will kits typically retail for about A$25 to A$40, and are sold at post offices and online. South Australia's Legal Services Commission says they usually cost less than A$50.

A kit is the cheapest way to make a will, and a kit will is valid if it's signed and witnessed properly. The risk is that nobody checks it, and a mistake can cost your family far more than you saved. See will kits and where they go wrong.

How much does an online will cost?

Online will services charge a fixed price, and what's included varies. Before you compare prices, compare what you get: whether a person checks your will, whether a will for your partner costs extra, how updates are charged, and whether there's an ongoing fee.

Here's exactly what Willies costs, in Australian dollars:

You pay nothing until you've answered every question, and there's a 30-day money-back guarantee (how refunds work). If your plan ends, you keep your will. A real person checks every will before it's sent, but Willies doesn't give legal advice, so a lawyer is the better choice if your situation calls for it.

What makes a will cost more?

With a lawyer, price follows complexity: more to think through, more drafting and more advice. These are the usual reasons a will costs more than a simple one:

• A testamentary trust. A trust in your will to hold a child's inheritance, which can protect it and may have tax advantages. See testamentary trusts.
• A beneficiary with a disability. A special disability trust or similar arrangement, so an inheritance is managed for them.
• A business, a family trust or an SMSF. These assets often pass outside your will, so the will has to work alongside the company constitution, the trust deed or a binding death benefit nomination.
• A blended family. Providing for a current partner and children from an earlier relationship takes careful drafting, and the risk of a claim on your estate is higher.
• Assets overseas. You may need advice on whether you need a separate will in another country.
• A likely dispute. If you're leaving out someone who might make a claim, a lawyer's advice is worth paying for.

At Willies, most of these are covered by the Complete Will at a fixed A$399, with extra questions only about the parts that apply to you. A likely dispute is different: that's when personal legal advice matters most.

Which option is cheapest overall?

The cheapest will is the one that works. When you compare, add up more than the upfront price:

• Executor fees later, if the will is cheap or free because it appoints a professional executor
• The cost of changes, since your will should change when your life does
• Storage, and whether your executor will be able to find the original
• The cost of mistakes, such as a court application to rescue a badly signed will, or part of your estate passing under the intestacy rules

What does it cost not to have a will?

Dying without a will costs nothing up front, but it often costs your family more later. Your estate goes to relatives in a fixed order set by law, which may not match your wishes, and someone often has to apply to the Supreme Court to be appointed administrator before they can deal with your assets.

You can't appoint a guardian for your children, and a friend, stepchild or charity you meant to provide for gets nothing. See what happens if you die without a will.