When Do You Need a Solicitor as Executor? A Plain English Guide
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You do not automatically need a solicitor to administer an estate in Australia. Many straightforward estates are administered without one. But some situations genuinely require legal advice — and getting it wrong creates personal liability. This guide tells you when you can self-administer, and when you shouldn’t try.
When You Probably Don’t Need a Solicitor
A straightforward estate typically has: a clear, unaltered will with named beneficiaries who agree on the outcome; bank accounts and investments (no real property, or a property that passes directly to a surviving joint owner); no business interests; no disputes between beneficiaries; no concerns about the deceased’s capacity when the will was made; and total assets that are modest enough that the cost of legal fees would represent a significant portion of the estate.
If your estate matches this description, you can likely self-administer it with guidance from resources like this one, and refer specific questions to a solicitor by the hour rather than engaging one to manage the whole process.
When You Should Engage a Solicitor
The will is contested or likely to be contested. If any beneficiary or excluded person is signalling they intend to challenge the will — whether on grounds of lack of testamentary capacity, undue influence, or family provision — get legal advice immediately. Do not distribute the estate while a challenge is live or threatened.
The estate is insolvent. If debts exceed assets, you cannot simply distribute what remains and walk away. There is a legally prescribed order for paying creditors, and personal liability for getting it wrong is real. Get advice before paying anything.
The will is unclear or ambiguous. If the will’s language is unclear about who gets what, how an asset should be valued, or what happens if a beneficiary predeceased the will-maker, a solicitor can advise on interpretation. Do not guess.
The will has been altered. Alterations to a will (crossing out, writing over, additions) must be formally explained in the probate application. Some alterations invalidate provisions. Get advice before proceeding.
Real property with complex ownership. Jointly owned property, property subject to mortgage disputes, rural property with boundary or title issues, or property in multiple states or countries — all warrant legal involvement.
Business interests are part of the estate. A share in a business, a partnership interest, or a sole trader business adds significant complexity — valuation, ongoing trading obligations, liability, and transfer mechanisms all require specialist advice.
Beneficiaries include minors or people under a legal disability. Distributions to minors or to beneficiaries who lack legal capacity to receive funds directly require specific legal structures. A solicitor must be involved.
International assets or overseas beneficiaries. Assets in another country are subject to that country’s laws, not Australian law. This is one of the most complex estate administration scenarios — seek advice early.
Beneficiaries are in serious conflict. If beneficiaries are not cooperating, making threats, or have engaged their own lawyers, you need representation. Your personal liability as executor does not disappear because of the conflict — it increases.
The estate has been open for more than 12 months with no resolution. Long-running administrations attract scrutiny. If the estate is complex and taking time, periodic legal advice protects you.
How Solicitor Fees Work in Estate Administration
Solicitor fees for estate administration are paid from the estate — not from the executor personally. They come out of the estate’s funds before distribution to beneficiaries. This means engaging a solicitor does not cost you personally; it reduces what beneficiaries receive.
Fees are typically charged hourly (ranging from approximately $300–$600 per hour in major cities) or as a percentage of the estate value for full administration (typically 1–2.5%). Always ask for a fee estimate upfront and get it in writing.
A Practical Middle Ground
Many executors self-administer the bulk of the estate but engage a solicitor for specific components — the probate application, a property transfer, or a specific clause interpretation. This is entirely appropriate and often the most cost-effective approach. You do not need to hand the whole administration over to a solicitor to get legal advice on one part of it.
The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. If your situation involves any of the complexities described above, engage a qualified Australian solicitor.
Related guides
- What to Do When Someone Dies in Australia
- What Is an Executor?
- Executor Duties in Australia: The Complete Legal Guide
- Do I Need Probate? A Plain-English Guide
If you would rather not piece this together article by article, the Complete Executor’s Handbook walks through the whole estate from start to finish in one place.
Get the Complete Handbook (A$79)Or get the free checklist