Our fees

bigstock_Judge_S_Gavel_2599523We do not base our fees on hourly rates (other than if the client requests it, and in other exceptional circumstances). Fixed fees will be applied wherever possible so as to give the client complete certainty about costs.

In other cases where fixed fees cannot be given we base of fees on the applicable court scale (litigation matters), or the Practitioner Remuneration Order in non-court matters (see below).

***Full age PENSIONERS please note that all fixed fees for Powers of Attorney, Wills and some other matters will be charged at 50% of the below fees.

All fees inclusive of GST.

MATTER FEE COMMENT
Powers of Attorney:
Power of Attorney – Enduring Financial/Legal/Guardianship (as of 1/09/2015 combined into the one document) $250
General Power of Attorney $150
Medical Power of Attorney $150
Enduring Financial/Legal/Guardianship and Medical powers – if done at the same time $330
Powers of Attorney and standard Will, one person – if done at the same time $550
Powers of attorney and standard Wills, husband and wife – if done at the same time $650
Wills:
Will – standard $280
Wills – husband and wife type (“mirror image Wills”) $330 (for both)
Wills – with more complex testamentary trusts, protective trusts, “mutual Wills”, life interests, etc – contact us
Conveyancing/Retirement/aged care agreements:
Standard conveyancing – purchase and sale $850 plus normal search fees
Retirement village contracts (lease) – where attendance at final settlement required $700 plus normal search fees (usually none)
Retirement village contracts (lease) – where attendance at final settlement not required $450 plus normal search fees (usually none)
Retirement village contracts – (non-lease) where certificate of title is being transferred – retirement village advice and transfer of title/duty payment and Titles Office registration $1,200 plus normal search fees (usually under $100)
Survivorship applications  $350 plus Pexa and Titles Office fees (under $100)
 Transmission applications  $450 plus Pexa and Titles Office fees (under $100)
Other:
Probate – application for grant of probate/letters of administration (estates up to $5 million).  (Note that this fee is for obtaining the grant of probate/letters of administration, not fees in relation to administration of the assets of the estate if that is required.) $1,400 plus normal Supreme Court fees (Advertising – $26; Application fee – based on gross value of Victorian assets – $60.70 for assets less than $500,000 ranging up to $2,051.90 for assets greater than $3,000,000 )
Probate – administration of estate scale – PRO*
Probate – providing certified copies $25 (first; $5 each additional if done at same time)
Reverse mortgage/Homesafe certificates $450
Special Disability Trusts (eg. for disabled children – Commonwealth regulated) – in life, or testamentary (in a Will) $1,500

Litigation- Supreme Court/County Court/Magistrates’ Court/VCAT, etc:

All fees will be based on the application court scales – estimates will be given according to the nature of the matter involved

* The Practitioner Remuneration Order – the Law Institute of Victoria set scale of costs for non-litigious matters. A scale based on an item by item assessment of costs. An estimate of the range of likely costs will always be provided

News & Interest
Financial powers of attorney – a trap!

Often a person making a financial power of attorney appoints two or more persons to act jointly.

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Pens – what colour?

Pens – what colour is acceptable to sign a legal document? We recently had a client who urgently contacted us saying that she had signed a document with a green pen, and…

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VCAT – applications for administration and guardianship

VCAT has power in some circumstances to make an order that a person be represented by another person. It can make either an administration order or a guardianship order, or both. Administration…

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Wills – gifts to children/grandchildren

Leaving gifts to children in Wills – something quirky: In Victoria if you leave a share of your estate to a child, and say nothing further, if that child dies before you…

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Invalid Wills

At a recent Wills session for the Salvation Army we were asked on a couple of occasions whether changing address invalidates a Will. It does not. Wills are actually drawn so that…

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Digital assets

Planning for the administration of digital assets by your executor after death is becoming an increasingly complex and pressing problem. What does an executor do with an online bank account? First, the…

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“Peppercorn” bequests in Wills

Can a “peppercorn” bequest prevent a Will challenge? It is often thought that leaving a very small bequest to a beneficiary will have the effect of preventing that beneficiary making a challenge…

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Court made Wills

In some circumstances the Supreme Court can make a Will for a person who lacks testamentary capacity. This power is given to the court in the Wills Act (Vic.). Such Wills are…

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Retirement village contracts

Retirement village contracts are a bit like marriage – they are a little bit harder to get out of than to get into. There is a variety of what are compositely called…

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Family Agreements

Family agreements, or more colloquially ‘granny flat agreements’ are predicted to become a more and more important part of the aged care landscape in the future. The harsh economic reality over the…

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Retirement village contracts

There was a recent article in the Age newspaper about some of the legal consequences of getting into and out of retirement villages. A spokesman for the Residents of Retirement Villages Victoria…

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Challenging a Will (in Victoria)

The law relating to Wills, and estate administration, is State based. Each State has its own legislation. Although there are many similarities between the States’ laws, there are also many differences. This…

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Accommodation Bonds – another myth

In the continuing series about accommodation bonds, we have myth number 2: Myth – I will lose a large part of the accommodation bond when I leave the facility. We are talking…

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Words of wisdom from oldest man

There have been many reports in the newspapers about the death of the world’s oldest man (and second oldest person). Walter Breuning died in the United States aged 114. He had some…

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More financial abuse of the older person

There was an article about financial abuse of elders in the Age on 1st April. Unfortunately, this was just one of several similar stories published in recent times. It drew attention to…

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Care required gifting to charities

The “Include a Charity” initiative is under way. It is directed at encouraging people to make a gift to charity in their Wills. I don’t think it is necessary to say anything…

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Let’s “advance”

A visiting American dignitary was recently interviewed on the radio and indicated that he was leaving a government position.  The announcer asked if he was going to retire. The dignitary’s answer was…

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Powers of Attorney – Attorney MUST keep records

Section 125D of the Instruments Act provides as follows: “Requirement to keep records An attorney under an enduring power of attorney must keep and preserve accurate records and accounts of all dealings…

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Our ageing population

Tim Colebatch recently wrote an article in the Age about our ageingpopulation and the future costs to the community of that process.The article was full of quite extraordinary (and some frightening) statistics.The…

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Legal capacity to sign documents

The capacity of a person, especially an older person, to execute legal documents is an important and quite complex topic for lawyers. If a Will, for instance, is signed by a person…

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Peter Gauld.

The Principal, Peter Gauld LL.B, has been a practising solicitor in Melbourne, city and suburbs, for thirty years.

He has a keen interest in the legal issues that affect the senior citizen.

He is, amongst other things, a member of the Elder Law Section of the Law Institute of Victoria and a volunteer Community Visitor for the Office of the Public Advocate.

He holds a Bachelor of Laws degree from the University of Melbourne, graduating in 1978.

He has a background in litigation.