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Nick Satouris, a Professional Support Solicitor at the Law Society of NSW, provides a timely refresher for solicitors working in the wills and estates space.

Practitioners acting in probate and letters of administration matters are reminded that there is a scale of fixed costs for the various stages of probate/letters of administration, depending on the value of assets remaining at the time of the application.  

Legislation 

  • Regulation 26 of the Legal Profession Uniform Law Application Regulation 2015 (NSW) (LPULAR) provides the prescribed costs for probate and letters of administration matters pursuant to subsection 59(1)(f) of the Legal Profession Uniform Law Application Act 2014 (NSW) (LPULAA).  
  • Schedule 3 of LPULAR provides for legal services for probate and letters of administration matters.  

Costs 

The fixed costs in Schedule 3 of LPULAR refer only to professional services rendered by a law practice for obtaining for the first time a grant of probate or letters of administration, or resealing of probate or letters of administration, including obtaining any grant and resealing after first receiving instructions to uplift documents issued by the Supreme Court of NSW.  

The professional services include:  

  • instructions on obtaining a grant of probate or letters of administration  
  • attending to verify details of assets supplied by the executor/administrator (where required)  
  • preparing all Supreme Court documents 
  • attendance on executor/administrator to sign documents  
  • lodging and uplifting documents 
  • answering requisitions  
  • perusing grant and advising executor/administrator.  
  • The costs as of 1 July 2024 are: 
Disclosed value of assets  Costs payable 
Not exceeding $30,000  $560
Plus $13.33 for each $1,000 up to $30,000 
Exceeding $30,000 but not exceeding $150,000  $960
Plus $5.90 for each $1,000 in excess of $30,000 
Exceeding $150,000 but not exceeding $1,000,000  $1,670
Plus $4.47 for each $1,000 in excess of $150,000 
Exceeding $1,000,000 but not exceeding $3,000,000  $5,470
Plus $1.66 for each $1,000 in excess of $1,000,000 
Exceeding $3,000,000 but not exceeding $5,000,000  $8,800
Plus $1.10 for each $1,000 in excess of $3,000,000 
Exceeding $5,000,000 but not exceeding $10,000,000  $11,000
Plus $0.90 for each $1,000 in excess of $5,000,000 
Exceeding $10,000,000  $15,500 

Note: It is not possible to contract out of these fixed costs.  

Under Schedule 3 of LPULAR, extra costs are allowed in relation to obtaining for the first time a grant of letters of administration (Part 1 Schedule 3) or resealing letters of administration (Part 2 Schedule 3).  

The extra costs, which are in addition to the fixed costs in Parts 1 or 2 of Schedule 3 of LPULAR, are allowed if a law practice is required to perform any work in addition to that provided for in Part 1. 

The additional amount is as allowed under Table 1 in Schedule G to the Supreme Court Rules 1970 (NSW).  

All other professional costs for services rendered by a law practice can be charged at the normal rates of the law practice. 

The law practice should disclose to the client both the scale charge and the charges for all other professional costs. 

All other professional costs include but are not limited to: 

  • sorting through estate papers and items  
  • advising on taxation and meeting the requirements of the Australian Taxation Office, including preparation of returns  
  • obtaining valuations/appraisals of assets/debts  
  • ascertaining whether certain assets form part of the estate (for example, considering relationships, superannuation, insurance, etc.)  
  • advising on the rights of other parties to challenge the will  
  • advising on complex questions of interpretation of the will  
  • advising on questions of informal wills, rectification, capacity, duress, undue influence and forgery  
  • advising on renunciation or reservations of right to apply  
  • overseeing transmission applications, all transfers and realisation of assets  
  • conducting enquiries and research to ascertain the existence of assets  
  • preparing and publishing a Notice of Intended Distribution.  

Disbursements 

Disbursements such as advertising, filing and valuation fees, and fees paid to any law stationer for lodging and uplifting documents, are excluded and may be charged in addition to the fixed costs. 

GST 

Note that GST may be added to all the costs in accordance with regulation 27 of LPULAR. 

Commission 

It would also be prudent for the law practice to enquire whether the executor/administrator plans to claim a commission.  

If so, the law practice should inform the executor/administrator that they can, and should, carry out additional professional services, other than advising, if they intend to apply for a commission.  

Further guidance 

  • Further guidance on costs in probate and administration matters, and regulated costs generally, can be found in the Law Society’s Costs Guidebook (8th edition).  
  • Practitioners in need of assistance in matters concerning legal costs are encouraged to utilise costs resources available on the Law Society’s website or to seek guidance from the Professional Support Unit, through the following channels. 
  • Costs costs@lawsociety.com.au (02) 9926 0116 
  • Ethics ethics@lawsociety.com.au (02) 9926 0114  
  • Regulatory Compliance regulatory.compliance@lawsociety.com.au (02) 9926 0115 
Nick Satouris is a Professional Support Solicitor at the Law Society of NSW. Nick provides guidance to members of the legal profession in relation to practising certificate conditions, regulatory obligations in legal practice management and legal costs.