Can a lawyer charge ongoing fees to store my Will?

A common concern when drafting a Will is what happens to the original document and how much it will cost to store safely.

Where legal costs are likely to exceed $3,000 (excluding GST and disbursements), disclosure obligations apply under the Legal Profession Act 2007 (Qld) . For a one-off safekeeping fee, the amount will determine what disclosure was required. A firm cannot impose ongoing annual storage fees for holding your Will unless that specific arrangement was clearly disclosed and agreed to at the time you engaged them.

In standard practice across most Queensland law firms, any charge for safekeeping is structured as a single, one-off fee at the time the Will is drafted and executed.

Document Retention Rules: Under s 713A of the Legal Profession Act 2007 (Qld), a law firm may destroy general client documents after 7 years if it has made reasonable efforts to contact the client without success and destruction is reasonable in the circumstances. However, Wills and Enduring Powers of Attorney held in safe custody are treated very differently and the QLS recommends retention for up to 112 years from the testator’s date of birth where the person’s location is unknown. You should maintain contact with the firm holding your Will and confirm its safe custody arrangements.

For full details, see the QLS Client Document Retention Guidance (PDF) .

Remember: Your Will is your property. You are entitled to request the return of your original Will from your solicitor at any time, without penalty or release fees. If you are unsure about the terms on which your current firm is holding your documents, you have the right to call them and demand a clear explanation of any ongoing charges.