A Shocking Inheritance: How a Free Will Service Cost a Son Tens of Thousands
For many Australians, the idea of a government-provided free will service seems like a sensible and trustworthy option, especially for those on age pensions or receiving Centrelink payments. The NSW Trustee and Guardian, for instance, actively promotes its services, holding community sessions and setting up stalls at events to assist pensioners in planning their estates and drafting their final wishes. However, for Tony Greaves, this seemingly benevolent service turned into a financial nightmare, costing him a staggering $60,000 from his inheritance.
Tony had been diligently caring for his late mother, Margaret Greaves, and her estate for years. His responsibilities included travelling from his home in Bathurst to southern Sydney to manage her property, maintain the house, and prepare it for sale. This commitment continued until Margaret’s passing in December 2025.
Following his mother’s death, Tony received a letter that left him utterly stunned. The NSW Trustee and Guardian informed him that a substantial sum of $56,000 would be deducted from the value of Margaret’s estate. This revelation came as a profound shock, especially considering Margaret had utilised the government’s free will service twelve years prior, leaving all her assets to Tony.
“My mother had no idea that 12 years ago such an obscene amount would be taken,” Tony expressed, his voice laced with disbelief. He explained that his mother had simply signed a standard, pre-filled two-page will. The fee, he argued, was disproportionate to the service rendered. “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’s financial burden was detailed: $52,800 was allocated for the property, with additional fees for Margaret’s savings bringing the total to $56,100. The NSW Trustee and Guardian operates on a publicly listed sliding scale for executor’s fees. For estates exceeding $1.5 million, they charge 2.75 per cent. In Margaret’s case, her red brick home in Sylvania, valued at $318,000 in 1999, had seen its valuation skyrocket to $2.2 million by the Trustee and Guardian.
This fee structure stands in stark contrast to the guidelines provided by the NSW Supreme Court for executor’s commissions. These guidelines suggest a range of 0.25 to 1.25 per cent of the value of asset transfers, with up to 5 per cent for income collection, contingent on the complexity and specific circumstances of the estate.
A Question of Regulation and Transparency
A spokesperson for the NSW Trustee and Guardian defended the fees, stating they are regulated by the state parliament and subject to review by the Independent Pricing and Regulatory Tribunal (IPART). However, a significant point of concern arises when noting that the last IPART review of these fees occurred in 2014 – the very same year Margaret Greaves made her will. In the intervening years, the Sydney property market has experienced a dramatic surge, with home values more than doubling.
The spokesperson further asserted that the fees are “widely published and fully disclosed to clients.” They also highlighted the organisation’s capacity to waive fees in cases of 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 added. They emphasised that their fees offer “certainty” that estates will be administered legally, particularly in light of an increasing number of estate disputes and instances of maladministration leading to costly litigation.
Broad Powers and Beneficiary Concerns
Beyond the fee structure, Tony Greaves also raised concerns about a broad clause within his mother’s will. This clause granted the trustee the power to appropriate “any part” of the estate without the beneficiary’s explicit consent.
Regarding this particular clause, the spokesperson explained that such powers are common in professional wills. They are designed to facilitate actions on behalf of minors or individuals lacking legal capacity, and to ensure tax-effective distribution of assets. The spokesperson reiterated that executors are bound by law to act in the best interests of the beneficiaries.
The case of Margaret and Tony Greaves raises important questions about the transparency and fairness of government-provided estate services, particularly when property values experience rapid and significant growth. While the NSW Trustee and Guardian highlights its role in providing certainty and legal administration, the substantial fees levied can have a profound and unexpected impact on beneficiaries, turning what should be a straightforward inheritance into a costly ordeal.
