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ARTICLE · 05 JUNE 2016

When is an executor entitled to be paid?

Only where an executor is an accountant, a solicitor or a trustee company is it clear that there will be remuneration.

AustraliaFamily and Matrimonial
Elise Croft (Previously With Kott Gunning)
Elise Croft (Previously With Kott Gunning)
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Anyone who has ever been appointed executor or administrator of a deceased estate (Executor) would agree that administering the estate is a task which can take considerable time and effort, particularly in circumstances where the family situation is acrimonious.

Where an executor is an accountant, a solicitor or a trustee company there is a clear path to remuneration for the task. This makes sense when the professional qualifications of the executor are directly relevant to the day-to-day administration of the estate.

The situation is entirely different for the greater majority of executors, namely lay people who lack qualifications directly relevant to the tasks at hand. These executors often need to take time off work to meet their duties, particularly when the estate is contested by a family member asking for further provision under the Family Provision Act. To add insult to injury, the task becomes truly thankless when one considers that there is no automatic

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