Making a Will
The Public Trustee and Guardian ('PTG') promotes and assists people to engage Will making services in the ACT and the surrounding area (such as Murrumbateman, Yass Valley, Bungendore, Queanbeyan Region, etc.).
PTG recognises the need to support the ACT community and deliver enhanced service options.
Online Will and Enduring Power of Attorney Options
‘Safewill’, ‘Willed’ and ‘Gathered Here’ offer online standard Wills.
These products allow the community to access easy, quick Will-service with significant benefits to those who require a simple Will, have access to and feel comfortable in making their Will online, and/or do not wish to attend a meeting with a lawyer.
You can find out more by visiting the websites below:
https://safewill.com/
https://www.willed.com.au/
https://www.gatheredhere.com.au/
Discounted Wills and EPAs for Low Means People
The following law firms will charge in accordance with the Public Trustee and Guardian (Fees) Determination 2025 (ACT).
Law firms
| Law firm | Thomson Geer | Glass Goodwin |
|---|---|---|
| Contact details |
CBRAdmin@tglaw.com.au (02) 5135 8600 |
reception@glassgoodwin.com.au (02) 6194 9900 |
| Address |
Level 9 Civic Quarter, 68 Northbourne Avenue Canberra ACT 2601 |
4/10 Hobart Place Canberra ACT 2601 |
| Responsible partner | Katie Binstock | Timothy Morton |
The above firms will apply an hourly rate of $340 (including GST) for non-complex Wills and will cap their fees as follows:
| Documents required | Legal fees (including GST) |
|---|---|
| Standard Wills and EPOAs | |
| Will for one person | $680 |
| Will and EPOA for one person | $850 |
| Will for a couple | $850 |
| Will and EPOA for a couple | $990 |
| Other | |
| EPOA only | $310 |
| Consultation fee – if no Will/EPOA is prepared | $340/hr |
| Home visit – additional fee | $340 |
| Safe custody | |
| Depositing a will into the Will Register (where the Will does not appoint the PTG as executor or alternative executor) | $220 |
| Depositing a Will into safe custody with a law firm | $220 |
The Public Trustee and Guardian (Fees) Determination 2025 (ACT) also includes an hourly rate of $522 (including GST) for complex Wills and a maximum fee for drafting a Will of $2,619.
Eligibility
The fees listed above apply to clients who are referred by the Public Trustee and Guardian and who meet the eligibility requirements.
Eligibility requirements:
- an individual whose main income is a social security benefit (i.e., aged pension or disability support pension); or
- an individual holds a health care card; or
-
an individual:
- whose annual gross income is $50,000 or less (including the income of the individual's married or de facto spouse with whom the individual lives); and
- who has assets totalling less than $25,000 (including superannuation but excluding the person's principal place of residence, one vehicle per adult in the individual’s household, home contents and personal effects).
The annual gross income threshold is increased by $10,000 for each of the individual's dependent children.
If you do not meet the eligibility requirements but there are circumstances which affect your ability to access your assets, please let the law firm know.
What is a Standard Will?
Standard Wills are suitable for people that do not have complex needs and do not require direct legal advice. They are best suited to individuals whose family and asset circumstances are straightforward, for example, if all your children are from your current relationship or if you do not have children.
What if my circumstances are more complex?
Complex Wills are best suited to members that have blended family situations or hold complex assets such as self-managed superannuation funds (SMSF), a business or family trust. Often, they will need the direct advice and guidance of a lawyer to ensure their Will appropriately meets their instructions.
If you need a complex will, the PTG can suggest and refer you to estate planning specialist lawyers in the ACT.
Use the table below to decide which type of Will suits your needs:
| Standard Will | Complex Will |
|---|---|
| If all of the following apply to you, a standard will is likely the right choice for you. | If any of the following apply to you, you will need tailored legal advice so a complex Will is more suited to your needs. |
| You do not have ‘complex’ family situations such as step-children or a blended family | You or your partner have children (including adult children) from a previous relationship |
| You are not looking to exclude any dependents (such as a spouse or children) from benefitting under your Will | You would like to exclude dependents (such as your partner or children) from benefitting under your Will |
| You do not have assets in other countries | You have assets in other countries |
| You or your partner do not run a business, have a self-managed super fund or a family trust | You or your partner operate a business, have a family trust or a self-managed super fund |
|
Your beneficiaries do not have special needs (such as a disability or an inability to manage money) and you do not need to discuss ways to protect them |
Your beneficiaries have special needs (such as a disability or an inability to manage money) and you would like to discuss ways to protect them |
| You are happy not to speak to a lawyer about your situation or any questions you might have. | You would like to speak to a lawyer about your situation and any questions you might have. |
Can the PTG store the original Will made via Safewill for safekeeping?
Yes, you can deposit your current Will with the PTG, in the PTG's Will Register, for safe keeping, at the current one-off fee of $214 per Will.
Please note that additional fees in relation to search, certified copies, and withdrawal of the original Will may also later apply. The current fee structure for the Will Register is available on the PTG's website.
If you wish to proceed with the depositing of your Will, then please contact the PTG on (02) 6207 9800 and they will assist you with to bring your original Will to the PTG for lodgement.
Can the Public Trustee and Guardian still write my Will?
No, the Public Trustee and Guardian do not prepare Wills or EPAs in house.
What happens if I already have a Will with PTG but want to amend it?
Clients who already have a Will with the PTG but require a change to it can either make a new Will via an online platform or can make an appointment with a lawyer to have this prepared. Costs will apply for each option.