Q&As

Can a lay personal representative charge for their time spent in dealing with the administration of an estate?

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Published on LexisPSL on 04/09/2017

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can a lay personal representative charge for their time spent in dealing with the administration of an estate?

A personal representative is a fiduciary. The general rule is that a fiduciary cannot benefit from their position and therefore cannot be paid for carrying out their duties (Robinson v Pett).

Professional executors would, of course, not take on the role if they did not receive payment for their time. Therefore, most Wills include a charging clause which authorises a professional executor to charge for their services (see section 28 of the Trustee Act 2000 (TrA 2000)). In addition, TrA 2000, s 29 authorises a trust corporation to charge reasonable remuneration if there is not a charging clau

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