Everyone, regardless of age and circumstances needs to make a will. A will makes it clear to everyone what you wish to happen to your property, your infant or adult dependent children, or to the money you have and any of the other things you own.
If yours is a simple will where you intend to leave all you own to your partner or infant or dependent children, our fee would be $400.
If you have infant children or dependent children and you want to set up a testamentary trust for your children or other family members, our fee would be between $1,000 and $1,500.
If you have children, your partner has children and you have children with your partner, drafting your will becomes complicated and we would need to discuss our fee with you.
We help people deal with everything that needs to be done after a person dies.
When a person writes a will they usually say who they want to manage their affairs after they die. This person is the executor of the will. The executor usually needs permission (a grant of probate) from the ACT Supreme Court to give the people named in the will (the beneficiaries) their share of whatever the person left behind (the estate).
Even if the person hasn't left a will or the will can't be found a spouse or other relative will usually need to apply to the ACT Supreme Court for permission (a grant of letters of administration) to wind things up.
An estimate of our professional fee is $1500-$2500. Our fee will depend on the complexity of the will, how many executors there are, where the executors live.
The Supreme Court charges a filing fee if the value of the estate is above $50,000.
That fee is on a scale. For the 2021-2022 financial year the fee is $976 if the value of the estate is between $50,000 and $250,000, $1233 if the value of the estate is between $250,000 and $500,000, $1,1864 if the value of the estate is between $500,000, and $1,000.000 and $2,481 if the value of the estate is over $1m.
A notice must be published in the Canberra Times asking creditors to get in touch with the executor or the executor's solicitor if any money is owed by the person who has died. The cost of the notice is about $340.00.
A bank cheque made out to the the ACT Supreme Court for the relevant amount must be presented when the probate documents are filed with the court.
Our professional fees and other fees and costs are paid when everything is being wound up.
You also need to consider what you want to happen to you, your property, to your infant or dependent children, to the money you have and to the things you own if you reach a stage, through age, illness or accident when you can no longer manage your financial, personal or medical affairs.
You can choose someone to take over your affairs. This person then has ‘power of attorney’ over your affairs and can act for you as you would have done.
Our professional fee to prepare a power of attorney document is $300.
This a document we can prepare for you to make clear to everyone how you want to be treated as you approach the end of your life. You can decide if you wish to move to nursing home care, be kept alive by artificial means, for example, or not be resuscitated if in your doctors’ opinion your quality of life will be severely affected.
Our professional fee to prepare an advanced care directive is $220.