How much does the Public Trustee take from a Will, and what happens to your Estate?

What is a Public Trustee?

A Public Trustee is the go-to body for anyone who doesn’t have family or friends who have the capacity, or interest, to engage in estate administration upon their death.

This role ensures that regardless of circumstances or estate organisation, everyone has someone responsible for managing their financial affairs, and making sure their loved ones receive their share of the remaining assets.

What administration services are offered by a Public Trustee?

A Public Trustee will work out how to divide up your estate if you die without putting a Will in place, without naming an Executor, or putting enduring powers in place with a Power of Attorney.

Financial management of your estate

A Public Trustee can hold on to your money, pay your bills, and handle any financial decisions with enduring powers if you have lost capacity. This service can be relevant for the elderly, or people with a disability, brain injury, or dementia diagnosis.

End-of-life and funeral arrangements

The trustee body will organise any end-of-life or funeral arrangements if they have been appointed as an executor of an estate to someone who dies intestate. This includes administering deceased estates, attorney services, and overseeing trusts or other court orders.

What does a Public Trustee charge?

While Public Trustees were established by the government to provide this essential estate administration service, they operate under a commercial model. This means they receive their income via client fees, or via commissions and fees from administering deceased estates or trusts.

There is no blanket fee charged for services provided by Public Trustees in Australia because each operates independently in their state or territory.

While some bodies offer free services to eligible citizens, other services may incur one-off fees or annual payments if your public trustee undertakes ongoing services, like financial management or property management.

Typically, things like creating or storing a Will, creating a Power of Attorney or conducting deceased estate administration will be charged as a one-off fee on top of an annual payment. Hourly rates are also charged for any legal services and genealogy services.

In administering a deceased estate, the Trustee will often take a cut of around 4.5% of the estate’s value up to $200,000. In Queensland, the Public Trustee offers Will-making for free, but around the rest of the country the price ranges from $300-$500.

Concerns with using a Public Trustee

The ongoing fees and commissions can mount up quickly, and eat into your bank accounts and assets intended for loved ones; it can be hard for a Public Trustee to act in your best interests if they are only appointed after your death.

Growing concerns about the commercial model have also seen several government-led inquiries in the past into the way Public Trustees manage their fees, operations, and communications with clients.

Public Trustees by State and Territory in Australia

New South Wales (NSW)

In New South Wales the NSW Trustee and Guardian is the Public Trustee operating under the NSW Trustee and Guardian Regulation 2017. Fees and charges are regularly reviewed by the Independent Pricing and Regulatory Tribunal (IPART). For the full scale of fees charged in New South Wales head to their website.

Victoria (VIC)

The State Trustees of Victoria operates under the Guardianship and Administration Act 2019, which oversees regulation for some of the authority’s fees, commissions and charges. Amendments were introduced in March 2020 after a series of complaints led to an investigation by the Victorian Ombudsman. For the full list of fees and charges head to their head to their website.

The Australia Capital Territory (ACT)

The Public Trustee and Guardian in the Australian Capital Territory was established under the Public Trustee and Guardian Act 1985. Operations and functions were merged under one umbrella in 2016 to provide full Guardianship, Administration and Trustee services. For the full list of fees and charges head to their head to their website.

South Australia (SA)

The South Australian Public Trustee operates under the South Australian Attorney-General’s Department. Charges and fees are based on the Public Trustee Act 1995 and regulated fees set annually by the South Australian Government.

Queensland (QLD)

The Public Trustee of Queensland reports to the Queensland Parliament through the Attorney General. An independent board was appointed to oversee the Trustee after an investigation into the fees, charges and practices was tabled in Parliament in March 2021. For a full list of fees and charges head to their head to their website.

Tasmania (TAS)

The Public Trustee of Tasmania acts under the Tasmanian Government Business Enterprises Act 1995. The Tasmanian Attorney General ordered an independent review of the Trustee’s operations in July 2021 after concerns over the administrative and operational practices of the Public Trustee. For a full list of fees and charges head to their head to their website.

Northern Territory (NT)

The Office of the Public Trustee for the Northern Territory is subject to the Public Trustee Act 1979, reporting to the Department of Justice and the Attorney General. For a full list of fees and charges head to their head to their website.

Western Australia (WA)

The Public Trustee of Western Australia operates under the Public Trustee Act 1941. The body reports to the Western Australian government under the state’s Department of Justice. For a full list of public trustee fees and charges head to their head to their website.

The alternatives to a Public Trustee

You can appoint family members, friends or professional lawyers or accountants to handle your personal financial administration and your estate administration. Regardless of your choice, a Trustee should be someone you trust- as they’ll be managing your assets and providing support to your loved ones when you die.

The pros and cons of a Personal Trustee

The benefit of choosing a family or friend is they do not charge a high fee as professionals or corporate trustees. However, using a family member as your Trustee could lead to the risk of family disputes.

A professional lawyer or accountant will charge an hourly rate for Trustee services, which is typically less than a public trust company; they offer the benefit of impartiality, which reduces the risk of family disputes.

Public Trustees will step in and handle any end-of-life decisions if someone dies intestate. They will carry out all estate administration; acting as Executors or Trustees to deal with the deceased estate, financial management of debts, and distributing assets to beneficiaries.

While Public Trustees were set up by the government, in each state and territory the self-funded model means they rely on varying fees and charges to operate. A Public Trustee can represent an impartial, responsible choice for people who do not have close friends or families to handle their estates.

However, the ongoing management, legal fees, and administration fees of a Public Trustee can add up quickly. So it’s important to research around, and weigh up the impartial benefits with higher fees.

How Safewill can help

Safewill offers an affordable, flexible, and easy way to write your Will online. This prevents the uncertainty and fees of a public trustee handling your estate administration in the future.

With your online will, you can appoint a trusted family member or Will solicitor today, to carry out your future wishes. You can even appoint a Power of Attorney, to further safeguard your life's work against any risk you lose capacity.

To discuss your options further, get in touch with one of our Will experts on 1800 103 310 , or via live chat now.