Can an executor charge for their time?
Short answer
A lay executor cannot charge for their time unless the will contains a charging clause authorising it. Professional executors — solicitors, accountants, trust corporations — can charge only where the will includes a charging clause or the court authorises it. All executors can reclaim reasonable out-of-pocket expenses from the estate.
Being an executor can consume months of work — gathering assets, paying debts and inheritance tax, selling property, and distributing the estate. Despite that, the default rule is clear: a lay executor (a family member or friend rather than a professional) is not entitled to payment for their time.
The exceptions
- A charging clause in the will. The will-maker can expressly authorise executors to charge. This is standard where a solicitor, accountant, or trust corporation is appointed — professionals can charge their normal fees only if the will contains such a clause or the court authorises it.
- Expenses are always recoverable. Any executor, lay or professional, can be reimbursed from the estate for reasonable out-of-pocket costs: postage, travel, phone calls, and official copies of the grant.
Executors should keep receipts and meticulous records of everything claimed. Beneficiaries are entitled to transparency, and disputes over executor conduct are common — a beneficiary who believes the estate has been misadministered can ask the court to examine the accounts, remove the executor, or order compensation. Good records are the executor's best protection, and in genuinely difficult situations an executor can apply to the court for directions.
If the job is more than you signed up for
Being named in a will does not oblige you to act. You can renounce by signing a Deed of Renunciation — but only before you have "intermeddled" (started dealing with estate assets). Once you have begun acting, you need a court order to be removed. If you renounce, any co-executors continue, or the residuary beneficiaries can apply for letters of administration with the will annexed.
Bear in mind the scale before deciding: simple estates take 6 to 12 months to administer, while complex ones can run 2 to 3 years, and executors are personally liable for mistakes — missing debts or distributing incorrectly. Where an estate involves property abroad, business assets, a contested will, or complex tax, spending estate funds on professional help is usually far cheaper than an executor's error.
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