Son forced to pay $56,000 over late mother’s property
Twelve years before her death, Margaret Greaves used the NSW government’s free will service to bequeath all her assets to her son Tony.
It was a decision that would cost him approximately $60,000.
Tony had been caring for his mother and her estate for years before her death in December 2025; He was traveling from Bathurst to Sydney’s south to maintain the house and prepare it for sale.
So she was shocked when, after his death, she received a letter from the NSW Trustee and Executor stating that $56,000 would be taken from the value of the estate.
“My mother had no idea 12 years ago that such an obscene amount of money would be charged,” Tony said. He had signed a simple, pre-filled, two-page will.
“This fee is approximately 30 times the amount. [that an estate lawyer would charge] filling out four pieces of paper… The whole thing is absolutely insane.”
The estate will be charged a total of $56,100, including $52,800 for the property plus fees on Margaret’s savings.
The NSW Trustees and Guardian publicly list executor fees on a sliding scale. 2.75% for properties with worth over $1.5 million. Greave’s red-brick home in Sylvania was valued at $318,000 in 1999. The Trustee and Warden currently values the home at $2.2 million.
In contrast, the NSW Supreme Court’s guidance on enforcement commission is as follows: 0.25 and 1.25 percent up to 5 percent of the value of asset transfers and revenue collection, depending on complexity and circumstances.
NSW Trustee and Executor is the largest will maker in the state, allowing those on an age pension or Centrelink to create a free will and appoint the government as their executor. It hosts community sessions and has booths at events to help retirees plan their estates and create wills.
A spokesman said the charges were regulated by the state parliament and reviewed by the Independent Pricing and Regulatory Tribunal (IPART).
However, the last IPART review was held in 2014, the year Margaret made her will. Since then, home values in Sydney have more than doubled.
The spokesperson noted that the fees are widely published and fully disclosed to customers, and that the organization may waive the fees in the event of financial hardship.
“NSWTG fees are competitive and market benchmark. A professional trustee provides a full executory service for the entire management of the estate,” the spokesperson said.
They added that their fees were competitive and provided “certainty” that the property would be managed legally at a time when property disputes and mismanagement resulting in lawsuits were on the rise.
Greaves also raised concerns about a broad clause in the will that allows the trustee to seize “any part” of the property without the beneficiary’s consent.
This authority to act on behalf of minors or the incapacitated and to ensure tax-effective distributions is typical of professional wills, the spokesperson said, noting that executors must act in the best interests of the beneficiaries.
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Amber Schultz is a crime and justice reporter for The Sydney Morning Herald.Connect with: X or email.
