Public trustees have long been the quiet stewards of Australian estates, helping thousands of people manage their wills, trusts, and financial affairs. But in 2025, a raft of legislative tweaks and public scrutiny has brought the role of public trustees into sharp focus. If you’re wondering whether the public trustee is right for you or your loved ones, here’s a comprehensive look at what’s changed, what’s working, and what to watch out for.
What Is a Public Trustee and Who Needs One?
Public trustees are government-backed organisations that offer estate planning and financial management services. Operating in every state and territory, they provide:
- Will-making (often for free or low cost)
- Enduring powers of attorney
- Executor services (administering deceased estates)
- Trust management (including for minors and vulnerable people)
- Financial administration for those unable to manage their affairs
Public trustees are often appointed for Australians who don’t have close family, who need an impartial executor, or who are under financial administration orders—typically due to age, disability, or illness.
2025 Policy Updates: What’s Changed?
This year has seen major developments for public trustees, spurred by both government reviews and media investigations. Key changes include:
- Fee Transparency Laws: New federal guidelines require public trustees to publish all fees upfront, after reports revealed inconsistencies and confusion over charges.
- Greater Oversight: States like NSW and Victoria have introduced independent ombudsman oversight, making it easier to dispute trustee decisions or raise complaints.
- Digital Access: All public trustee offices now offer online will appointments and digital estate tracking, addressing long-standing accessibility concerns.
- Expanded Eligibility for Vulnerable Australians: Recent policy changes mean more people with disabilities or mental health conditions can access trustee support, often at reduced or waived fees.
These reforms aim to address historic criticisms—especially around autonomy and perceived conflicts of interest—while making trustee services more transparent and user-friendly.
Pros and Cons: Is the Public Trustee Right for You?
Choosing a public trustee is a significant decision, especially as they often act for life or until an estate is fully distributed. Here’s what to weigh up in 2025:
- Pros:
- Government-backed security and continuity
- Specialist expertise in complex estate matters
- Low or no-cost will-making for eligible groups
- Impartiality—no vested family interests
- Cons:
- Standardised processes can feel impersonal
- Fee structures, while clearer in 2025, may still be higher than some private alternatives for large or complex estates
- Concerns about slow response times—particularly during peak periods or in regional areas
Real-world example: After recent reforms, a Queensland retiree with early-stage dementia was able to set up both an enduring power of attorney and a trust for her grandchildren, all managed online through the state’s public trustee. The process was simpler than in previous years, but she noted that some fees still applied to the trust management, highlighting the importance of checking the new 2025 fee schedules.
How to Get Started and What to Ask
If you’re considering a public trustee, here are some practical steps:
- Review the published 2025 fee schedules for your state or territory
- Book a free information session (now available online in all regions)
- Prepare a list of assets, liabilities, and any special wishes for your estate
- Ask about complaint handling and independent review options now mandated under new laws
- Compare public trustee services to private alternatives—especially for complex family or business situations
Remember, you’re not locked in: you can appoint or revoke a public trustee if your circumstances change, provided you have legal capacity to do so.
Conclusion
With 2025’s reforms, public trustees are more accessible, transparent, and accountable than ever. Whether you’re planning your own estate or helping a loved one navigate financial incapacity, understanding the public trustee’s updated role could be the key to peace of mind—and to protecting assets for future generations.
