Executor Commission - Hawkins v Barkley-Brown & Anor [2010] NSWSC 48

This decision of Slattery J considers the legislative provisions on how a claim for executor's commission is determined. Section 86(1) of Probate Administration Act 1898 ("PAA") relevantly provides:

"The Court may allow out of the assets of any deceased person to the deceased person's executor, ... in passing the accounts relating to the estate of the deceased person, such commission or percentage for the executor's, ... pains and trouble as is just and reasonable, ...."

This case is a review of the Registrar's decision to allow commission to be awarded from the estate of the late Rhonda Brenda Farrell to Mr Hawkins (a retired Anglican minister and a longstanding friend of the deceased) for his executorial duties. Ms Barkley-Brown (a niece of the deceased) was the co-executor and one of the residuary beneficiaries in the Will.