Queensland Families: Solicitor Costs for Estate Planning & Administration Explained

Disclaimer — This article is for general information and education purposes only and is not legal or financial advice. Solicitor fees for estate planning and administration can vary with each matter. Families should seek their own tailored advice and a proper costs disclosure from a Queensland solicitor before instructing legal services.

Queensland families need to plan their estates or administer an estate of a deceased loved one, and costs are almost always a part of the picture. Understanding solicitor costs and common charges can help families avoid disputes, manage their expectations, and complete important estate planning and administration tasks.

This article covers common solicitor cost structures and fees for preparing wills, enduring powers of attorney, probate applications, full estate administration services and litigation. Families will learn what the typical charges are for solicitor work and how Queensland law regulates and protects consumers over estate planning and administration costs.

Importance of Solicitor Costs in Estate Planning & Administration

Solicitor costs in estate planning and administration matter for several reasons:

• Costs are paid out of the deceased’s estate. They are a direct deduction to the pool of assets ultimately distributed to beneficiaries.
• The difference in legal costs between small/simple estates and large or complex estates can be a surprise for families.
• Queensland solicitors are legally required to provide cost disclosure to clients. Families should ensure they fully understand bills and cost agreements before signing up.
• Knowing what to expect for solicitor costs in estates allows families to plan ahead and budget, rather than being caught off guard.

Queensland Law on Solicitor Costs and Estate Matters

In Queensland, solicitor costs are covered under the Legal Profession Act 2007 (Qld) [1]. Important parts of the Act state that:

• Solicitors must provide a written cost disclosure to clients before work is done, if fees will be over $1,500.
• Clients can always ask for a detailed bill of costs after work is done.
• Clients can refer disputes about costs to the Legal Services Commission or apply to the Supreme Court to have the costs assessed.
• Costs must be fair and reasonable in all cases, taking into account the time, skill, complexity and other matters.

Probate applications and contentious probate proceedings are additionally covered by the Uniform Civil Procedure Rules 1999 (Qld) [2]. Relevant rules state that:

• Courts have discretion to award costs against a party who has incurred solicitor costs in litigation. A costs order is not automatic.
• Courts may order parties to pay their own costs, or sometimes order one party to pay costs to another from the estate. This depends on who brought the dispute and whether the action was necessary or vexatious.

Primary Services Where Costs Are Incurred

Solicitor fees and costs in estate work are incurred in two general categories: estate planning (documents created and decisions made during life) and estate administration (managing and distributing assets after death).

Solicitor Costs for Estate Planning

Estate planning services include preparing a will, enduring power of attorney and advance health directive documents, as well as advising on trusts. Other work includes superannuation death benefit nominations, insurance policies, tax planning and business succession advice.

Typical fees for estate planning in Queensland include:

• Will Preparation — A simple will for a person with a small estate, straightforward family relationships and no asset protection goals can be inexpensive to prepare. Complex or tailored wills with trusts, tax planning, blended family considerations and other strategies require more solicitor time and therefore higher fees.
• Enduring Power of Attorney (EPA) — Documents appointing an agent to make financial or health/personal decisions on your behalf if you lose mental capacity. Costs are often discounted if packaged with a will.
• Advance Health Directive — Legally binding instructions for future medical treatment and decisions.
• Testamentary or Discretionary Trusts — Trust structures used for tax minimisation or asset protection. These involve higher long-term costs due to ongoing administration.
• Superannuation Death Benefit Nominations — Binding and non-binding nominations with advice about superannuation fund rules.

Estate Administration Solicitor Costs

Queensland estate administration work for which families will incur solicitor fees includes:

• Probate Application — An application to the Supreme Court of Queensland to prove the validity of a will.
• Letters of Administration — Administration of an estate where no valid will exists.
• Administration Services — Collecting and distributing assets, selling property, dealing with shares, claiming superannuation entitlements and paying debts.
• Tax Compliance and Advice — Preparing the deceased estate tax return.
• Contested Estates Litigation — Costs of contesting a will, family provision claims, executor disputes or other litigation.

Common Solicitor Cost Structures and Billing Methods

Queensland solicitors generally bill clients according to one or more of the following cost structures. The form of the costs agreement and billing affects transparency for clients.

Fixed Fees

Fixed fees (sometimes packaged services) are often used for:

• Simple wills
• Enduring powers of attorney
• Probate applications

Fixed fees give clients certainty but usually exclude unusual complications. Transparency requirements under the Legal Profession Act 2007 (Qld) [1] still apply.

Hourly Rates

Hourly rates are common for:

• Contested estates
• Complex administration work

Rates vary significantly depending on solicitor seniority and firm size.

Percentage of the Estate

Historically common but now rare due to transparency requirements. Still sometimes used as a guideline for large estates, but solicitors must provide full disclosure.

Scale Costs (Court-Based)

The Supreme Court of Queensland maintains a scale of costs under Schedule 1 of the Uniform Civil Procedure Rules 1999 (Qld) [2]. These apply in contested probate matters and when the court awards costs.

Queensland Solicitor Costs for Estate Planning & Administration Services

The following table is educational only and not a guarantee of fees. Families should expect variation depending on complexity, urgency and the firm engaged.

Factors That Affect the Level of Costs

Issues that can increase solicitor costs include:

• Will disputes such as family provision claims
• Multiple properties or overseas assets
• High levels of family conflict
• Poor record keeping (missing statements, unclear ownership)
• Urgency (e.g., deathbed wills or urgent probate)

How Queensland Law Protects Consumers Over Costs

Consumer protections include:

• Costs Disclosure — Required if fees exceed $1,500. Clients may request a detailed bill.
• Fairness and Reasonableness — Costs must be proportionate to skill, time, and complexity under the Legal Profession Act 2007 (Qld) [1].
• Court Oversight — Under the Uniform Civil Procedure Rules 1999 (Qld) [2], courts may order costs against parties or from the estate, depending on whether disputes were necessary or vexatious.

Tips to Minimise and Manage Estate Planning & Administration Costs

For families making an estate plan:

• Bundle services (will + EPA + health directive).
• Be organised with asset lists, super details, and family info.
• Ask about fixed fees for will preparation and probate.
• Keep documents updated — regular review is cheaper than contested disputes.

For executors managing an estate:

• Provide clear records early (bank statements, deeds, shareholdings).
• Cooperate with beneficiaries to reduce disputes.
• Engage accountants for tax returns (often cheaper than solicitor time).
• Try mediation before escalating to litigation.

Common Questions

Do solicitor costs get paid out of the estate?
Yes, provided they are reasonable and incurred for estate administration. Courts may order individuals to pay in some disputes.

Do firms offer free initial consultations?
Many Queensland firms provide short free consultations, but detailed advice is billed.

Are probate filing fees included in solicitor quotes?
Not always. Court filing fees (around $800 in Queensland [3]) are separate.

What if beneficiaries dispute solicitor costs?
They may request a detailed bill and apply for a court costs assessment.

Is a DIY will cheaper than using a solicitor?
Yes, but risky. Mistakes in DIY wills often lead to costly disputes.

Key Points

• Solicitor costs in Queensland estates range from hundreds for wills to tens of thousands for litigation.
• Prepared wills and enduring powers of attorney are relatively affordable and prevent expensive mistakes later.
• Probate and full estate administration attract higher fees.
• Queensland law requires cost disclosure and fairness in all solicitor fees.
• Courts may award costs in probate disputes but have discretion.
• Families and executors can reduce costs by being organised and cooperative.

Sources / References