The Public Trustee SA vs a private solicitor
The Public Trustee SA can be appointed to act in many estate roles. Here's the trade-off vs using a private solicitor.
The Public Trustee of South Australia is a government body that can act as executor, trustee, attorney, or administrator when no other suitable person is available. It’s a reliable safety net but typically more expensive and less personal than a private solicitor or family trustee. For most families, naming a private alternative produces better outcomes.
What the Public Trustee does
Acts as executor for wills that name them. Administers intestate estates where no family will act. Acts as administrator under SACAT orders. Acts as attorney under EPAs that name them. Holds and invests trust funds.
Cost comparison
The Public Trustee charges scaled fees, typically a percentage of the estate plus transaction costs. For mid-sized estates this can be 3-5% of total value. Private solicitors typically charge fixed fees, often substantially less for the same work.
Service comparison
The Public Trustee is reliable, professional, and operates through standardised processes. Private solicitors typically provide faster, more personal, more flexible service – particularly for complex estates or family dynamics.
When the Public Trustee makes sense
No suitable family member or friend can act as executor or attorney. Deep family disputes mean an independent body is needed. The estate is straightforward and reliability matters more than personalisation. The person setting up the estate plan has no advisers and prefers a known institution.
When private alternatives are better
A trusted family member can act. A private professional trustee fits the role. Cost matters and the estate is large. The matter has complexity that benefits from a dedicated solicitor’s attention. Most estate planning we do involves naming family members or private professionals over the Public Trustee.
Summary
The Public Trustee SA can be appointed to act in many estate roles. Here’s the trade-off vs using a private solicitor.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our wills service, or book a consultation.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.