- 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.