QLD Lawyer fees seem very high

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

CliffWalker

Active Member
19 June 2023
6
0
31
I'm a beneficiary in a NSW estate that is worth around $950k. The executor is in QLD and used a QLD lawyer who has dragged things out for a year. It's a fairly simple case (a house, 2 bank accounts, a superannuation account, and an insurance account). They were going for Letters of Administration, but changed to Probate with Copy of Will, then Probate with Will after the will was found. Probate has been granted, and the executor emailed the following estimate of costs so far. Are these costs typical? The QLD lawyer fee seems very high to me given that the NSW lawyer did the application:
  • QLD lawyer: $28,000 so far
  • NSW lawyer for the application: $8,000
TIA.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,944
820
2,894
Sydney
Contrary to popular belief, there is almost never such a thing as a "fairly simple" estate.
Especially not these days with the additional searches and probity checks that have to be done, even when they turn up nothing.
Further (even if maybe not in this case...), additional work can be required to
dis-embugger people's DIY wills that they do to try and save a few dollars.
(in short and simple... that $20 will instrument that Dad bought at the newsagent
could end up costing his estate thousands to fix when he screws it up)

Further, it's not necessarily "dragging things out" to make two amended applications
as things change, and/or when facts - or documents - emerge that change things.
(textbook example of this is when the family one day finds a properly executed will
in the bottom drawer of Dad's desk after all...)
.

Each of those amended applications can involve new work from scratch, and
can have a public notice period that restarts each new time.

As a beneficiary, short of gross misbehaviour by the executor,
you don't have all that much say in how the executor does their job.

There's a bit of information about solicitors' costs in Queensland here.
Consider that may you not be the solicitor's client, and therefore
you may not have standing to bring a dispute about costs against the lawyer (as distinct from the executor)
 

jdogga

Well-Known Member
16 February 2024
25
1
121
I'm a beneficiary in a NSW estate that is worth around $950k. The executor is in QLD and used a QLD lawyer who has dragged things out for a year. It's a fairly simple case (a house, 2 bank accounts, a superannuation account, and an insurance account). They were going for Letters of Administration, but changed to Probate with Copy of Will, then Probate with Will after the will was found. Probate has been granted, and the executor emailed the following estimate of costs so far. Are these costs typical? The QLD lawyer fee seems very high to me given that the NSW lawyer did the application:
  • QLD lawyer: $28,000 so far
  • NSW lawyer for the application: $8,000
TIA.
Cannot agree with this more! Plus you don't know the expense they had to go to find the Will or confirm the assets if they were originally going to do an application for letters of administration. It is not as simple as you think it is. Plus, super funds can be terrible to work with.