Twelve years before her death, Margaret Greaves used the NSW government’s free will service, bequeathing all assets to her son, Tony.
It was a decision that would cost him nearly $60,000.
Tony had been caring for his mother and her estate for years before her death in December 2025, travelling from Bathurst to southern Sydney to maintain the house and prepare it for sale.
So when he received a letter from the NSW Trustee and Guardian after her death stating that $56,000 would be taken from the value of the estate, he was shocked.
“My mother had no idea that 12 years ago such an obscene amount would be taken,” Tony said. She had signed a simple, pre-filled two-page will.
“That fee is about 30 times the amount [that an estate lawyer would charge] to fill out four pieces of paper … The whole thing is absolutely insane.”
The estate will be charged $52,800 for the property plus fees for Margaret’s savings, totalling $56,100.
The NSW Trustee and Guardian publicly lists its executor’s fees on a sliding scale, charging 2.75% for estates with values of more than $1.5 million. Greave’s redbrick home in Sylvania was valued at $318,000 in 1999. The Trustee and Guardian now values it at $2.2 million.
In comparison, the NSW Supreme Court’s guide for an executor’s commission is between 0.25 and 1.25 per cent of the value of the asset transfers, and up to 5 per cent on income collection, depending on complexity and circumstances.
The NSW Trustee and Guardian is the largest will maker in the state, allowing those on age pensions or Centrelink to create wills free and appoint the government as the will’s executor. It holds community sessions and runs stalls at events to help pensioners plan their estates and create wills.
A spokesperson said the fees were regulated by the state parliament and reviewed by the Independent Pricing and Regulatory Tribunal (IPART).
However, the last IPART review was in 2014, the same year Margaret made her will. Since then, Sydney home values have more than doubled.
The spokesperson stated fees were widely published and fully disclosed to clients, and that the organisation could waive fees for financial hardship.
“NSWTG fees are competitive and comparative to the market. A professional trustee provides the complete executor service for the entire administration of the estate,” the spokesperson said.
They added that its fees were competitive, providing “certainty” the estate would be administered legally amid an increase in estate disputes and maladministration resulting in litigation.
Greaves also raised concerns about a broad clause in the will that allowed the trustee to appropriate “any part” of the estate without the beneficiary’s consent.
The spokesperson said this power was typical in professional wills to act for minors or those without capacity and ensure tax-effective distribution, noting that executors must act in the best interests of beneficiaries.
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Amber Schultz is a crime and justice reporter with The Sydney Morning Herald.Connect via X or email.
