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Here you can find general information regarding some of our areas of practice......every one is different, so it is always best to get advice ensuring that all of your circumstances have been considered...
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I am an executor in a will. Do I get paid for my time and trouble ?

  • An executor who wishes to be paid for his time and trouble can claim 'commission'. This is an amount determined by the Supreme Court as compensation for what was involved.
  • If an executor is also left something in the will, this is taken as payment for their time andtrouble. They can get nothing more unless the will specifically allows them commission.
  • To make a claim for commission, an executor would normally have to do something more than just go to his solicitor and tell him to do the work.
  • Examples of cases where an executor would be entitled to commission are:
    • where a business has to be run to sell as a going concern
    • where a house has to be cleaned up and this involves a reasonable amount of unpaid time (not when you engage a cleaner to do it)
  • The amount of commission is determined by the court based on the amount of trouble but something around 0.5-2% of the estate would be usual.
  • A full set of accounts of the estate have to be provided to the court if commission is claimed.
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Thursday, 18 April 2024
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