Last updated 4 April 2016

Executor’s commission

People acting as a personal representative of a deceased person are entitled to a just and reasonable commission for work in administering the assets of the deceased’s estate. Payment is made out of the assets of the estate as an administration expense. However, unless the will specifically provides for the payment of the executor, such payment must be approved by the court or agreed to by all affected beneficiaries.

The Public Trustee and the trustee companies acting as executors or administrators of deceased estates charge commission for their administration at their published rates.

Legal costs

The fees charged by solicitors for work on the administration of a deceased estate are based on the work they do, which can be charged at rates fixed by the scales of costs for the courts or by written agreement with the executor. In all cases, court fees, costs of public notice advertisements and other out-of-pocket expenses are payable in addition to the professional charges made by the solicitor.