31 January 2025 · Australian News · Uncategorized
Soaring Probate Fees and the Rise of ‘Death Tech’
Dying has never been cheap, but in Australia, it’s becoming a bureaucratic and financial nightmare. Once upon a time, writing a will and settling an estate was a relatively straightforward process. Now, thanks to new legislation, soaring probate fees, and the rise of digital estate planning, Australians are facing more red tape, higher costs, and an increasing risk that their final wishes may not be honored as they intended.
If you think you’ve planned your estate properly, think again. The Succession Act 2023, which took effect in South Australia at the start of the year, is already changing the way inheritances are handled. On the surface, the new law aims to make estate distribution fairer by tightening the rules on who can contest a will. In practice, it means some family members who previously had the right to challenge a will may now be locked out entirely. Courts also now have greater power to remove executors if they believe they are not acting in the estate’s best interest, raising concerns that the legal system is shifting control away from families and into the hands of judges and lawyers.
Meanwhile, in Victoria, grieving families are being hit with a brutal financial reality. Probate fees, which allow an executor to legally distribute an estate, have skyrocketed by as much as 650% under a new tiered system. Estates valued between $250,000 and $500,000 now face a fee of $514.40 up from just $68.60, while larger estates are being hit with thousands of dollars in fees just to obtain the legal authority to execute a will. Critics have been quick to label the hikes as a “death tax by stealth,” warning that the increased financial burden will lead to more estates being delayed in probate limbo.
“The reality is that many families are already struggling to navigate the probate process. These new fees only add to the stress, making it harder for executors to fulfill their legal duties,” says a representative from Noosa and Hinterland Family Lawyers, specialist estate lawyers operating from Queensland. “Many people assume that once they have a valid will, everything will be straightforward. But the costs and legal complexities are increasing, and families need to be aware of these changes before they are caught off guard.”
Adding another layer of disruption to the process is the rise of “death tech”, digital platforms that promise fast and affordable will-writing services. Companies like Safewill have already facilitated more than 150,000 wills and recently secured $17 million in Series B funding, proving that the demand for digital estate planning is growing. The appeal is obvious: Australians are looking for cost-effective alternatives to expensive legal fees, and online wills provide a convenient solution. But while these platforms are making estate planning more accessible, legal experts are warning that a poorly written online will can lead to costly disputes, particularly if wording is vague or assets are not clearly allocated.
With rising fees, new legal restrictions, and digital disruption reshaping estate planning, many Australians are facing an unexpected truth: the rules of inheritance are changing, and most people don’t even realize it. What was once a private, family-driven process is becoming more costly, more complex, and increasingly dictated by legal and governmental structures. If the trend continues, Australians may find that simply writing a will is no longer enough to ensure their assets go where they intend.
The best defense against these changes is preparation. Australians should be reviewing and updating their wills regularly, consulting with legal professionals, and factoring in potential probate costs long before an estate is actually executed. The cost of dying is rising, and without proactive planning, the financial and legal burden will only grow. In a system that is shifting beneath our feet, the biggest mistake is assuming that the rules of yesterday still apply today.