The little-known costs of dying intestate
Putting off a Will could end up costing your loved ones far more than you would spend making one.
Queensland Public Trustee (QPT) research* found 51% of Queenslanders had never made a Will, and 36% believed making a Will was expensive.
But Samay Zhouand, the Public Trustee of Queensland, highlighted the little-known costs incurred by deceased estates when a person dies without a Will.
"There’s a common misconception that if you have few assets or an uncomplicated family, making a Will is an unnecessary expense," Mr Zhouand said.
"That is understandable when household budgets are tight, but dying without a Will can leave your loved ones facing much bigger costs later on."
How a Will can save a smaller estate $1,000
"When you die without a Will, the law determines how your assets are distributed," Mr Zhouand explained.
"The issue is that while it might be clear who should receive your assets, they often can’t do so without spending around $1,000 first."
Without an executor appointed in a Will to manage a deceased estate, the deceased’s next of kin must often apply for a grant of Letters of Administration from the Supreme Court of Queensland before they can deal with the deceased person’s bank accounts, property or other assets.
Upfront costs of obtaining Letters of Administration include:
- Advertising in the Queensland Law Reporter – $161.70
- Filing a Supreme Court application – $847.60 (reduced to $154.70 for pensioners on application).
"If your family needs legal help with the filing, that can more than double the cost," Mr Zhouand said.
"In addition, it can take weeks or months for the court to grant Letters of Administration, which leaves your family carrying the costs of maintaining your assets until they can access funds you left."
How much inheritance disputes really cost
Mr Zhouand said the costs could be much higher if there was a family dispute.
"When there’s no Will, the law applies a formula to distribute your assets," he said. "That can produce outcomes you didn’t intend and, in some families, it’s the starting point for a legal battle."
The law allows some family members and financial dependents in certain circumstances to make what is called a ‘family provision application’ to receive an inheritance, or a larger inheritance, from an estate.
"An estate can incur significant legal costs defending a family provision claim," Mr Zhouand said. "In extreme cases, the costs incurred during a legal battle can exceed the value of the estate itself."
A 2025 case in the District Court of Queensland resulted in an estate worth just over $900,000 incurring estimated legal costs of almost $145,000 while unsuccessfully defending a family provision application. These costs included an estimated:
- $64,000 in solicitors’ fees
- $70,500 in barristers’ fees.
Why a Will may be the cheaper option
There is no set price for Will-making in Queensland because solicitors charge according to individual circumstances.
Publicly available Will-making fees range from $250 for a simple, individual Will to more than $3,000 for complex estate planning that includes establishing a testamentary trust.
"The important point is that your solicitor can consider your specific personal and financial circumstances and suggest strategies to help ensure the loved ones you want to benefit from your estate do so," Mr Zhouand said.
"A well-drafted Will help makes your wishes clear, makes life easier for the people you love and reduces the risk of avoidable costs and conflicts. It’s a worthwhile investment to make this Wills Week."
For legal advice on Will-making, find a local solicitor on Queensland Law Society’s You & the Law website. Alternatively, QPT makes simple Wills at no cost. Appointments can be booked on QPT’s website.
More information
*QPT/Verian survey, February 2025