Q&As

Can an executor’s legal costs in a probate claim be challenged?

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Published on: 15 April 2015
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The professional charges of an executor in non-contentious business are not Costs incident to proceedings issued at the court, so are not within the discretion of the court. PRs have the statutory right to reimburse themselves all necessary expenses which includes their reasonable Remuneration. Trustee Act 2000, s 29(3) provides:

(3) 'Reasonable remuneration' means, in relation to the provision of services by a trustee, such remuneration as is reasonable in the circumstances for the provision of those services to or on behalf of that trust by that trustee and for the purposes of subsection (1) includes, in relation to the provision of services by a trustee who is [a deposit taker] and provides the services in that capacity,

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Jurisdiction(s):
United Kingdom
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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