Services & Pricing
Estate Planning, Administration and Disputes in Berwick
Estate Planning, Administration and Disputes in Berwick
Wills and estates is all we do. Planning ahead, managing a deceased estate, working through a dispute: the full picture of our services and pricing is below.
Clear pricing, no surprises
We offer fixed-fee pricing for our estate planning services, giving you certainty and transparency from the outset. For estate administration and disputes, costs depend on the specifics of your matter, so we provide a written costs agreement after our first meeting and before any further work begins.
We take the time and effort necessary to put the right measures in place. That approach may not be the cheapest upfront, but it typically reduces the risk of additional costs and disputes down the track. You will always know what your matter will cost before we proceed.
Clear pricing, no surprises
Estate Planning
Wills
From straightforward Wills through to complex testamentary trusts, drafted to suit your family and your assets.
Powers of attorney
Covering financial, personal and medical matters, so the right people can make decisions on your behalf when you cannot. That might be because you have lost capacity, or simply because you are overseas and unavailable.
Succession planning
Solutions for incapacity and death across your company, family trust and superannuation fund, including self-managed super funds.
Many of our clients are professionals, business owners and tradies who have built up property, super and business structures over time. Good estate planning makes sure all of it ends up where you intend.
We offer fixed-fee pricing for our estate planning services, providing certainty and transparency from the outset.
For Individuals
For Couples
What each fixed fee includes
Initial consultation
A meeting to discuss your personal circumstances, objectives, and instructions. During this appointment, we provide tailored legal advice, including the implications and suitability of your proposed arrangements.
Written confirmation
Preparation of draft documents
Signing Appointment
Estate Administration
Losing someone is hard enough without having to work out the legal process on your own.
We help executors to apply for probate, or in certain circumstances (e.g. no valid Will), letters of administration. We then work with you to attend to the various steps required to distribute the estate to the beneficiaries, whether they are nominated in the Will or determined under intestacy law.
You are kept informed through the entire process, and we are only a phone call or email away.
Estate Administration
Losing someone is hard enough without having to work out the legal process on your own. There are generally two key stages involved in administering a deceased estate.
The first step is to obtain legal authority to deal with the deceased person’s estate.
If there is a valid Will, the executor named in the Will applies for a grant of probate. If there is no Will (or there is an invalid Will), or for example, there is no executor able or willing to act, an appropriate person applies for letters of administration.
This grant is a formal document issued by the Supreme Court of Victoria confirming who has authority to act on behalf of the estate.
Our legal costs for this stage, starts from $2,200.00 (inclusive of GST), plus court fees.
The two main court fees are:
- The fee to advertise your intention to apply for the grant, currently, $38.00 (as of 1 July 2026).
- The filing fee. This is not a fixed amount. It is based on the gross value of the deceased's estate in Victoria, so the higher the value of the estate, the higher the filing fee payable to the Supreme Court.For example, if the gross value of the estate is $500,000.00 or more but less than $1,000,000.00, the filing fee as of 1 July 2026 is $1,088.00.
- Identifying and collecting the assets of the estate (such as bank accounts, property, and investments)
- Paying debts and liabilities, including any taxes
- Dealing with estate assets, such as transferring or selling property
- Distributing the estate to the beneficiaries in accordance with the Will (or the law, if there is no Will)
Our legal costs for this stage, starts from $2,200.00 (inclusive of GST).
Following our initial meeting, we will provide you with a costs agreement outlining the likely costs for your specific situation before proceeding further.
What we do at each stage
Administering an estate can feel overwhelming, particularly during a difficult time. Our role is to guide and support the executor (or administrator) through each stage of the process. Put simply, we guide you every step of the way, preparing the documents, managing the process, and helping you carry out your duties properly and with confidence.
- Explaining the process and your responsibilities in plain English
- Gathering the necessary information about the deceased and their assets and liabilities
- Arranging the required advertisement of you intention to apply for a grant
- Preparing all the legal documents required to make an application for a grant
- Lodging the application with the Supreme Court of Victoria
- Helping identify and collect the estate assets
- Liaising with banks, super funds, and other organisations
- Advising on and assisting with payment of debts and liabilities
- Assisting with the transfer or sale of assets (such as property)
- Ensuring the estate is distributed correctly to beneficiaries
Dispute Resolution
Disputes arise when there is disagreement about a deceased person’s Will, their assets, or how their estate is being managed, including how assets were managed by an attorney prior to their death. These matters are often complex and emotionally charged, particularly in blended families or where expectations differ.
Disputes are highly fact-specific. Every matter depends on variables such as:
- The size and complexity of the estate
- The number of parties involved (family dynamics can significantly affect cost)
- Whether the matter resolves early or proceeds to court
- The strength of the claim and the evidence required
- The conduct of the parties throughout the dispute
For this reason, we are unable to publish cost estimates on our website. Instead, following our initial meeting and once key variables are clarified, we will provide a formal costs agreement estimating the likely costs in your matter. We will not proceed further until you understand and accept the likely cost implications.
Below are the main categories of disputes we commonly assist with.
The most common estate dispute in Victoria is a family provision claim (also known as a Part IV claim). This occurs when an eligible person argues they have not been adequately provided for in a Will and seeks a larger share of the deceased’s estate. Typical examples include:
- A child who has been left out or treated unequally
- A former partner or dependant who expected financial support
- A spouse who believes the provision is insufficient
Another major category involves claims that the Will itself is invalid. Common grounds include:
- Lack of testamentary capacity (the deceased did not understand what they were doing, due to illness, dementia, or similar)
- Undue influence or coercion (someone pressured or manipulated the will-maker into changing their Will)
- Improper execution (the Will was not signed or witnessed correctly)
- Fraud or forgery (rare but serious allegations that invalidate the document)
If successful, the Court may set aside the Will entirely and revert to an earlier Will or to the intestacy rules.
Disputes frequently arise not about the Will itself, but about how the estate is being managed. Common issues include:
- Allegations that an executor is mismanaging or delaying the estate
- Concerns about a lack of transparency or unfair decision-making
- Conflicts between co-executors
- Applications to remove or replace an executor
Executors have legal duties to act in the best interests of beneficiaries, and disputes can arise if those duties are not met.
Not all disputes arise after death. Some concern actions taken before death under an enduring power of attorney. These can include:
- Allegations that an attorney misused funds or assets
- Transactions benefiting the attorney or related parties
- A lack of proper record-keeping or transparency
- Challenging the trustee's decision about who receives the death benefit
- Disputes about whether a binding death benefit nomination is valid
- Competing claims between spouses, children, and dependants
Related Matters
Related Matters
We regularly assist clients with a range of legal matters that arise alongside our core services of estate planning, estate administration, and estate disputes. These related services help ensure your affairs are properly structured, your wishes are protected, and potential disputes are minimised.
Where property is owned jointly (for example, between spouses), it does not automatically form part of the estate on death. Instead, it typically passes to the surviving owner by right of survivorship. We assist with:
- Preparing and lodging survivorship applications with the relevant land registry
- Ensuring the property title is updated correctly and efficiently
Informal financial arrangements within families are common, particularly where parents help children with property purchases or other significant expenses. Without proper documentation, these arrangements can become a source of conflict. We assist with:
- Preparing formal loan agreements between family members
- Clearly documenting whether funds are intended as a loan, gift, or advancement of inheritance
- Structuring repayments and security arrangements (where appropriate)
- Ensuring arrangements align with your estate planning objectives
Properly documented loan arrangements can protect both the lender and the borrower from uncertainty, and help prevent disputes.
Our practice frequently extends to a range of supporting services that sit alongside estate planning and estate disputes, including:
- Advising on asset structuring and ownership (joint vs sole ownership)
- Dealing with non-estate assets, such as family trusts and superannuation, including self-managed super funds
- Providing guidance on risk areas that commonly lead to disputes (such as blended families or unequal distributions)
These services are often critical in making sure your estate plan works effectively in practice, not just on paper.
Wills and estates law often intersects with other areas such as tax, superannuation, property, and trust law. While we aim to provide a comprehensive service, there are occasions where a matter may fall outside our area of expertise. In those situations:
- We will be transparent and upfront about the scope of our services
- We will connect you with trusted professionals, including accountants, financial advisers, or other lawyers
- We will work collaboratively, where appropriate, so you receive consistent and well-coordinated advice
Our priority is to make sure you receive the right advice.