Executor’s Commission

What is executor’s commission?

Executor’s commission is an amount that may be paid from your estate to your executor(s) as recognition for their time, effort, and responsibility in administering your estate (often referred to as their “pains and troubles”).

In broad terms, executor’s commission is not automatically payable. Executors owe fiduciary duties to the beneficiaries, and (as a general principle) a person acting in a fiduciary role is not entitled to personally benefit from that position unless the will (or an appropriate process) authorises it.

What are my options?

You generally have the following options:

1)       Include a clause in your will

You can include a clause in your will stating that your executor(s) may receive executor’s commission, expressed as a percentage of your estate (executor’s commission).

2)       No clause — beneficiaries agree

If your will does not include a commission clause, your executor(s) may still be able to receive commission if all beneficiaries agree.

3)       No clause — no agreement

If your will does not include a commission clause and the beneficiaries do not all agree, the executor may apply to the Court for an order that commission be paid. This can take time, add costs, and delay the administration of your estate.

When should I consider it?

Acting as an executor can be time-consuming and stressful, particularly where:

• the estate is sizeable;

• your assets and liabilities are complex;

• there is conflict between beneficiaries; or

• there is litigation involving the estate.

Before including an executor’s commission clause, it is sensible to consider:

• the size of your estate;

• the complexity of your assets and liabilities;

• how much time and effort your executor(s) are likely to need to commit;

• any likely issues or disputes in administering your estate; and

• how many executors you have appointed (and how responsibilities may be shared).

How Grainger Legal can help

Our estate planning team can help you understand whether an executor's commission clause is right for your circumstances.

Whether you're preparing your first will or updating an existing one, we're here to guide you through the process.

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