Failure Cases and Official Sources
Free and low-cost legal help for family law, wills and estates in Australia
Free and low-cost help with separation, property, children, wills and estates in Australia: Legal Aid, community legal centres, advice lines and referrals.
Free legal help with family law and estates in Australia comes from four main places: the Legal Aid commission in your state (free information, some free advice, and grants of aid for eligible people, especially in family law matters involving children or family violence), community legal centres (free advice for people on lower incomes or with particular needs), the Family Relationship Advice Line (1800 050 321) and Family Relationship Centres (information, referrals and family dispute resolution), and law society referral services, which help you find a private lawyer, sometimes with a reduced-fee first consultation. For estates, public trustees offer will-making and estate administration services, and some community legal centres advise on wills and powers of attorney for older people. Help is limited and means-tested in places, so ask early.
This guide is general information. Services, eligibility and phone numbers change; check the organisation's website.
Who does what
| Service | What it helps with | Cost | Notes |
|---|---|---|---|
| Legal Aid NSW, Victoria Legal Aid, Legal Aid Queensland, Legal Aid WA (and other states' commissions) | Family law information and advice, duty lawyers at court, family dispute resolution, grants of aid | Information and advice usually free; grants are means- and merit-tested and may require a contribution | Family violence and child safety matters prioritised |
| Community legal centres | Advice and sometimes casework on family law, wills, powers of attorney, elder abuse | Free | Each centre has its own area and eligibility; the national peak body lists them |
| Family Relationship Advice Line (1800 050 321) | Information on separation, parenting arrangements and referrals | Free | Runs alongside Family Relationship Centres |
| Family Relationship Centres | Family dispute resolution (mediation) for parenting matters; some property | Free initial sessions; fees may apply for some services, with exemptions | Can issue section 60I certificates |
| Law society referral services | Finding a private lawyer in the area of law you need | The referral is free; the lawyer charges | Ask for costs disclosure up front |
| Public trustees (NSW Trustee and Guardian, State Trustees Victoria, Public Trustee of Queensland, Public Trustee WA) | Wills, enduring powers of attorney, estate administration, financial management | Will-making may be free or low-cost; administration fees apply | Check fees and conditions |
| Court duty lawyers | Same-day advice at family law courts | Free | Usually provided by Legal Aid |
| 1800RESPECT (1800 737 732) | Family violence and sexual assault counselling and referral | Free | 24 hours |
Family law: where to start
- Call the Family Relationship Advice Line or visit Family Relationships Online for an overview and referrals.
- Contact Legal Aid in your state for free legal information and to check whether you qualify for advice or a grant.
- Try family dispute resolution for parenting disputes (required before most parenting applications) and for property where suitable.
- If you need a private lawyer, use the law society referral service and ask for a written estimate. Private lawyers must give costs disclosure in most states.
Wills and estates: where to start
- Making a will: a private solicitor, the public trustee, or for people with low incomes some community legal centres and seniors' legal services. Some charities run will-writing programs, with or without asking for a bequest.
- Executors: public trustees and private solicitors can administer estates. If you are the executor, the court's probate registry provides procedural information but not legal advice.
- Contesting a will: many lawyers act on a conditional or "no win, no fee" basis for family provision claims; read the costs agreement carefully, including what happens if you lose.
- Elder law: seniors' rights services and some legal centres specialise in powers of attorney, elder financial abuse and aged care.
What to bring to a free appointment
Time is short in free services, so prepare:
- a one-page timeline: relationship start, separation, divorce, key events
- a list of assets, super and debts, with rough values
- any court documents, orders, letters or deadlines
- for estates: the will, the death certificate and the asset list
- the questions you most need answered
The documents checklist helps assemble this.
Illustrative scenario
Leila separated in Perth six months ago. She has two children, a part-time job and no savings; her former partner controls the finances.
- She calls the Family Relationship Advice Line and is referred to a local Family Relationship Centre for parenting mediation.
- She contacts Legal Aid WA, which gives free advice on property and child support. Because of evidence of financial control, she may be eligible for a grant of aid.
- Her de facto property matter falls under WA law, so the Family Court of WA is the relevant court.
- She diarises the 2-year deadline from the end of the relationship.
When paying a lawyer is worth it
Free services are best for information, early advice and lower-value or urgent matters. Consider a private lawyer when:
- the property pool includes a business, trust, SMSF or defined benefit super
- the other side has a lawyer and the stakes are significant
- an estate is large, complex, or involves interstate or overseas assets
- you are the executor facing a family provision claim
Legal costs are themselves regulated. Lawyers in most states must disclose costs and you can ask for an itemised bill.
FAQ
Am I eligible for Legal Aid?
It depends on your income, assets, the type of matter and its merits. Information and some advice are available to everyone. Check your state commission's guidelines.
Is family dispute resolution compulsory?
For most parenting applications, yes: you need a section 60I certificate unless an exception applies, such as family violence or urgency. For property, the court's pre-action procedures expect genuine attempts at resolution.
Do public trustees charge for wills?
Policies differ. Some offer free or low-cost wills, sometimes with conditions about being appointed executor. Ask before you sign.
Sources
- Legal Aid NSW, Victoria Legal Aid, Legal Aid Queensland, Legal Aid WA
- Community Legal Centres Australia — find a community legal centre
- Family Relationships Online — Family Relationship Advice Line and centres
- Law Society of NSW, Law Institute of Victoria, Queensland Law Society, Law Society of WA — referral services
- Related: mistakes overview, official sources, elder abuse
