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New South Wales regulation
This regulation sets the fee for depositing a will at 1.37 fee units (s 4) and prescribes how a fee unit is calculated and indexed annually to the Sydney CPI, with rounding and a rule preventing reductions (Schedule 1 cl 2–3). It applies to people lodging wills (who pay the fee) and requires the Department Secretary to publish updated fee‑unit amounts after each December CPI (Schedule 1 cl 4). It repeals the 2020 regulation but preserves existing legal effects (s 5).
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Direct links to the current provisions in Succession Regulation 2025.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Succession Regulation 2020, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
CPI number, for Schedule 1—see Schedule 1, section 1.
fee unit—see Schedule 1, section 2(1).
financial year, for Schedule 1—see Schedule 1, section 1.
the Act means the Succession Act 2006.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Fee for deposit of a will—the Act, s 51
(1) For the Act, section 51(3), the prescribed fee is 1.37 fee units.
(2) The amount of a fee unit must be adjusted for inflation in accordance with Schedule 1.
5 Repeal and savings
(1) The Succession Regulation 2020 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Succession Regulation 2020, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Fee unit
section 4(2)
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Succession Regulation 2025.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Succession Regulation 2020, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
CPI number, for Schedule 1—see Schedule 1, section 1.
fee unit—see Schedule 1, section 2(1).
financial year, for Schedule 1—see Schedule 1, section 1.
the Act means the Succession Act 2006.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Fee for deposit of a will—the Act, s 51
(1) For the Act, section 51(3), the prescribed fee is 1.37 fee units.
(2) The amount of a fee unit must be adjusted for inflation in accordance with Schedule 1.
5 Repeal and savings
(1) The Succession Regulation 2020 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Succession Regulation 2020, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Fee unit
section 4(2)
1 Definitions
In this schedule—
CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.
financial year means a period of 12 months commencing on 1 July.
2 Calculation of fee unit for regulation
(1) In this regulation, a fee unit is—
(a) in the financial year 2025–2026—$118.39, and
(b) in each subsequent financial year—the amount calculated as follows—
where—A is the CPI number for the December quarter in the financial year immediately preceding the financial year for which the amount is calculated.
B is the CPI number for the December quarter of 2021.
(2) The amount of a fee unit must be rounded to the nearest cent and an amount of 0.5 cent must be rounded down.
(3) However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.
Editorial note.
Fee unit amount calculated under this clause—
| Financial year | Fee unit amount | | 2026–27 | $123.40 |
3 Rounding of fee amounts
The amount of a fee calculated by reference to a fee unit must be rounded to the nearest dollar and an amount of 50 cents must be rounded down.
4 Notice of indexed fees
(1) As soon as practicable after the CPI number for the December quarter is published by the Australian Bureau of Statistics, the Secretary of the Department of Communities and Justice must—
(a) notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so notice of that amount can be published on the NSW legislation website, and
(b) give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this schedule.
(2) This schedule operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this section.