Executor's charges / allowances

[Toin]

As an executor, can I claim for anything other than direct expenses. For instance, I have spent a great deal of time writing letters; ensuring that spreadsheets were accurate; on the phone to various companies etc. I understand that I can claim for the stationery and cost of phone calls but what about my time, electricity, wear and tear on computer etc?

[cassa333]

If you were a bank or solicitor you would be entitled to charge so a reasonable amount wouldn't be out of order.

Are you a benificary of the will? are you related to the deceased?

If you are and the extra expences you are proposing take up a large chunk of the estate then I wouldn't bother. Anyway wear and tear of a computor and electricity is par for the course isn't it? or are you saying you wouldn't have been in using any of these things had you not been an executor? Were you forced to take unpaid leave to get everything sorted?

Although you can claim I personaly wouldn't unless I was forced into unpaid leave etc.

By the way.. just as an aside are you wanting to claim these extra expences as a way of either getting a bigger share (if that is aplicable) or to stop someone else getting some?

If the estate is worth £1 million then £50 either way isn't going to make that much difference but if it is only worth a couple of grand or less then that is, by comparison, a large chunk.

[Toin]

Tks for response cassa333, I have no intention of being so petty and the entire estate is less than £180k (divide 3 ways), my reason for asking was a friend of mine said that the law had changed and that executor's recompense could now include for time spent dashing hither and thither etc. I'm paying my sister for time spent in clearing out my father's house, but I can't charge for my time. I'd help with the clearing if I lived close by but I live 100 miles away. My brother, the third beneficiary, will not do anything and he'll only communicate with me via his solicitor. Wills! Who'd have anything to do with them?

[cassa333]

In that case if you are paying your sister to clear the house then I think it only right that you charge for your time.

Try to match how much your sister is getting. That way you can't be seen as trying to rip anyone off.

As long as you keep accurate record then I don't see a problem.

My sil is executor for my mil and because of a gift before the death she has divided the estate wrongly. Both she and my husband have benifited by £26k each and the 4 children have lost out by £13k each. She doesn't realise this and is unaware of the mistake. In the grand scheme of things it doesn't matter as the children will get his share eventualy anyway (she has two and we have two). But just think how difficult it could be if the 4 children were not related and had to sue for the rest.

Will's, probate and gifts before death are a minefield.

[joggerjayne]

Whooah ... hang on ...

An executor can only charge for his/her time if there is a charging clause in the Will (even if the Executor is a professional).

The only exception is if the executor appoints a professional person to administer the Estate. In doing so, the Executor must remember his/her fiduciary duty as Trustee of the Estate funds.