Please note, our professional fees for Basic/Simple Wills are the same as our professional fees for Smarter Wills. Our clients very much appreciate being given the option of a Smarter Will at no additional cost.
A Smarter Will includes options to create:
- discretionary testamentary trusts, rights of occupancy and other trust structures that are aimed at giving your executors every possible opportunity to minimise income tax, capital gains tax (CGT) and other tax leakage;
- beneficiary support trusts/special disability trusts that are designed to preserve welfare entitlements; and
- flexible guardianship arrangements to ensure as far as possible that your guardianship wishes are implemented.
It also includes flexible mechanics for allocating and distributing your estate assets that have been cleverly designed to minimise the potential for family law claims to be brought and for disputes among the beneficiaries to arise.
You can read more about the benefits of a Smarter Will here.
Single (1 person)
|Type of Documents||Cost|
|Will and Enduring Power of Attorney and Advance Care Directive||$570.00|
|Will and Enduring Power of Attorney||$490.00|
|Will and Advance Care Directive||$490.00|
|Enduring Power of Attorney||$250.00|
|Advance Care Directives||$250.00|
|Enduring Power of Attorney and Advance Care Directive||$400.00|
Couple (2 persons)
|Type of Documents||Cost|
|Wills and Enduring Powers of Attorney and Advance Care Directives||$770.00|
|Wills and Enduring Powers of Attorney||$670.00|
|Wills and Advance Care Directives||$670.00|
|Enduring Powers of Attorney||$350.00|
|Advance Care Directives||$350.00|
|Enduring Powers of Attorney and Advance Care Directives||$550.00|
All fees are current as at the 1st April 2018.
If you are an existing client of Wills At Your Home and you wish to update your Will and/or make changes to your Enduring Power of Attorney and Advance Care Directive our professional fees are $200.00 for singles and $350.00 for couples.
What is included in our fee?
Two appointments with our clients in the comfort of their own home.
The purpose of the first appointment is to take instructions from our clients for their Wills (whether it be a Basic/Simple Will or a Smarter Will), and if requested, their instructions for Enduring Powers of Attorney and Advance Care Directive. This appointment usually takes approximately one hour.
Susan then drafts the documents according to her client’s wishes and then forwards the drafts to her clients via email or post.
Once our clients have approved their documents an appointment is made for the documents to be signed, this second appointment usually takes approximately 15 minutes.
All Wills need to be witnessed by two persons. Susan is usually one witness and she will bring a second witness with her to this appointment.
Once the documents have been signed, copies are made, and the original documents are either placed in our safe (free of charge) or forwarded to our clients via mail. If clients wish to receive their original documents via registered post an additional postage fee will be charged.
We provide our clients with a copy of their signed documents.
The legal costs associated with a deceased estate are payable by the estate.
We give Executors and Administrators the choice of the estate either being charged a fixed professional fee or a professional fee according to the Supreme Court Rules Schedule 2 Scale of Costs. A copy of the schedule will be provided to the Executors and Administrators at our first appointment.
Our fixed professional fee for obtaining a grant of probate and assisting the executor with the administration of the estate is generally $3,500 plus the filing fee. If the matter is complicated or a grant of administration is required, then our professional fees will be slightly higher. Our fixed professional fee will be confirmed with the Executors/Administrators at our first appointment.
On lodging an application for a grant of probate or administration, there is a filing fee payable to the Supreme Court of South Australia. The filing fee is a tiered system which is outlined below.
In respect of a deceased estate the gross value of which:-
|is $200,000 or less||$797.00|
|is more than $200,000 but less than or equal to $500,000||$1,594.00|
|is more than $500,000 but less than or equal to $1 million||$2,125.00|
|is more than $1 million||$3,187.00|
Filing fees are current as at the 1st July 2018
We require payment of the filing fee on the day the draft grant of probate or administration is signed.
We are required as per the Legal Practitioners (Miscellaneous) Amendment Act 2013 to enter into a costs agreement with each of our clients.
Our accounts for Wills, Enduring Powers of Attorney and Advance Care Directives are issued on the day the draft documents are forwarded to our clients and are payable within fourteen (14) days.
Our accounts for Deceased Estates are issued to the Executor or Administrator upon the receipt of the grant of probate or administration from the Probate Registry and are generally payable by the estate within fourteen (14) days. Please note, there is some flexibility with the due date for the payment of estate accounts if the executor or administrator is waiting on the proceeds from the closure of the deceased’s bank account before attending to the payment of our account.
Fact Sheets were prepared by The Law Society of South Australia after changes to the Legal Practitioners Act 1981 on the 1st July 2014.
Form 1 – Disclosure of costs to clients (regulation 59)
Fact Sheet: Legal Costs – Your Right to Know
Form 2 – Notification of client’s rights (regulation 63)
Fact Sheet: Your Right to Challenge Legal Costs
The fact sheet Legal Costs – Your Right to Know is affixed to all accounts we issue to our clients. If you would like a copy of the fact sheets, please ask Susan and she will be happy to provide them to you.
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