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ASSISTING EXECUTORS AND BENEFICIARIES WITH EXECUTOR’S COMMISSION CLAIMS
The job of acting as the Executor or Administrator of an estate can sometimes be a difficult and time consuming task.
If you are an Executor or an Administrator, you might be forced to take time off work to attend to your obligations.
All Executors and Administrators, if they wish, are entitled to seek Executor’s commission which is a payment of the work they have completed as Executor of the estate.
If an Executor or an Administrator wishes to claim commission, they need to either obtain the consent of the beneficiaries to the amount of the commission claimed or they will need to apply to the Queensland Supreme Court.
LEGAL ADVICE FOR EXECUTORS, ADMINISTRATORS AND BENEFICIARIES OF DECEASED ESTATES
If you are a beneficiary of a Deceased estate and you want to know if you can challenge a claim for Executor’s commission made by an Executor or Administrator of an estate, we can help you.
We’ve gathered together some frequently asked questions regarding claims for Executor’s commission and the challenges it may offer and claiming payment of commission. Click the + to expand the question and reveal the answer. Still got questions? Contact us and we will be happy to help!
FREQUENTLY ASKED QUESTIONS ABOUT EXECUTOR’S COMMISSION
+ HOW IS EXECUTOR’S COMMISSION QUANTIFIED IN QLD?
The amount of Executor’s commission is awarded in the discretion of the Court.
The Court will look at the work completed personally by the Executor as opposed to the work completed by their lawyers.
The Court will also review the value the Executor’s conduct added to the estate and the benefit provided to the beneficiaries.
+ WHAT EVIDENCE IS REQUIRED FROM THE EXECUTOR?
Before making a claim for Executor’s commission, an Executor should, at the very least, keep a record of their time attending to the estate administration.
The Executor should ensure they clearly document the value of estate assets before the complete any work so it can be compared with the value after the work is completed.
The Executor should also disclose a complete and accurate statement of the Deceased estate’s assets, liabilities, income and expenses.
+ CAN THE BENEFICIARIES OBJECT TO PAYMENT OF EXECUTOR'S COMMISSION?
If the beneficiaries do not believe the Executor is entitled to be paid commission, they are entitled to object and force the Executor to file a Court Application.
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