This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A comprehensive guide to whether and how executors can be paid for their work in England and Wales, explaining charging clauses in wills, professional executor fees, beneficiary agreements, court orders, and reimbursement of expenses.
Serving as an executor or personal representative in England and Wales is a significant legal responsibility. The role involves managing the deceased's estate, applying for probate, settling debts and taxes, and distributing assets to beneficiaries. Many people performing this role naturally ask whether they can be paid for their efforts. The rules governing executor remuneration are specific and, in most cases, different depending on whether the executor is a lay person (such as a family member or friend) or a professional (such as a solicitor or accountant). This article explains the legal position, practical options, common scenarios and potential risks involved in executor payment.
The Basic Legal Position: Executors and Payment
Under English and Welsh law, the default position is that executors do not automatically have a right to payment for their work unless the will expressly provides for it. The duties of an executor are generally considered gratuitous, meaning the role is undertaken without remuneration for time or effort, unless the will states otherwise.
This rule applies whether the executor is a close relative or friend who is not professionally involved in estate administration. What they can claim without more is reimbursement for reasonable out‑of‑pocket expenses incurred in performing their duties, such as travel costs, court fees, postage, valuation fees and advertising costs required in the administration process. These are not remuneration for their time, and must be justified as reasonable expenses from the estate.
When Executors Can Be Paid
1. Charging Clauses in a Will
A charging clause is a provision included in a will that expressly authorises an executor to receive payment for administering the estate. If such a clause exists, it overrides the general rule of gratuitous service and entitles the executor to remuneration in accordance with the will's terms. These clauses often specify how payment is calculated, such as a lump sum, a percentage of the estate, or another agreed amount.
However, courts have clarified that even with a charging clause, an executor can only rely on it in relation to services that fall within the scope of their profession or business if that is how the clause is drafted. In Da Silva v Heselton, the Court of Appeal confirmed that executors could not charge for general estate administration time simply because the clause was broad; the work must be of a type that aligns with their professional or business activity.
2. Professional Executors and the Trustee Act 2000
Professional executors - for example, solicitors, accountants or trust corporations - have a distinct position under the Trustee Act 2000. Sections 28 and 29 of the Act allow a professional executor to receive reasonable remuneration for services rendered even if the will does not contain a charging clause. This is because they are acting in a professional capacity. However, for this right to apply, the services charged should generally be linked to the executor's professional expertise. Beneficiary consent (in writing) may also be required to validate these charges.
For example, a solicitor appointed as executor may lawfully charge for legal work they carry out in administering the estate, typically by reference to an agreed hourly rate or other fee arrangement. Fees should be transparent and documented, and often in practice are agreed with beneficiaries in advance.
3. Agreement With Beneficiaries
In the absence of a charging clause and where the executor is a lay person, it is possible for all adult beneficiaries to agree that the executor should receive remuneration for their work. This agreement must be unanimous, documented, and made before the fee is deducted from the estate. Without specific beneficiary consent, a lay executor has no legal basis to take fees.
4. Court‑Approved Executor's Commission
If there is no charging clause and beneficiaries cannot agree on payment, a lay executor may apply to the court for an executor's commission. This is a discretionary award, and the court will consider factors such as the estate's size, the complexity of administration, and the amount of work involved. Court awards of commission are relatively rare and typically assessed on their merits.
Reimbursement Versus Payment for Time
It is important to distinguish between payment for time and effort and reimbursement of expenses:
- Reimbursement of expenses: Executors, whether professional or lay, are entitled to recover reasonable out‑of‑pocket costs paid on behalf of the estate. This includes probate registry fees, travel costs, valuation fees and similar disbursements. Executors should keep receipts and records of all allowed expenses.
- Payment for time or effort: This is separate and not automatically authorised for lay executors. It requires a charging clause in the will, written agreement of beneficiaries, or a court order. Without one of these, taking a fee for personal time spent administering the estate could result in a claim from beneficiaries for the return of that amount.
Practical Examples
- Lay executor with no charging clause: No automatic right to payment for time spent administering the estate. They may claim expenses such as travel and postage but not an hourly or percentage‑based fee unless beneficiaries agree.
- Will with charging clause specifying remuneration: The executor is entitled to be paid as provided in the clause, subject to the terms and relevant court interpretation.
- Professional executor (solicitor or trust corporation): Entitled to charge reasonable professional fees under the Trustee Act 2000, even without a charging clause, provided they relate to professional services in the administration.
- Beneficiaries agree to pay a lay executor: With unanimous agreement, the estate can pay a fee to a lay executor, documented and authorised by all adult beneficiaries.
Risks and Practical Considerations
1. Disputes Among Beneficiaries
Executors claiming fees without clear authority risk disputes with beneficiaries, which can complicate estate administration and potentially lead to court proceedings.
2. Documentation and Transparency
Clear records of beneficiary consent, will provisions and fee agreements help prevent challenges. Professional executors should provide detailed invoices showing time spent, rates, and connection to estate administration work.
3. Court Scrutiny
If an executor seeks payment via the court (executor's commission), the court will scrutinise the estate's complexity, the work undertaken, and the fairness of the proposed remuneration.
Common Questions
Can a lay executor claim for time taken off work?
No. Lay executors generally cannot claim for lost earnings or time away from other duties as part of executor remuneration unless the will expressly provides for such payment or beneficiaries agree.
Does being a beneficiary affect executor payment?
Being a beneficiary does not automatically entitle an executor to payment for their administrative work. Beneficiaries must consent or the will must contain clear payment provisions.
Can beneficiaries refuse an executor's proposed fee?
Yes. Unless a charging clause exists, beneficiaries can refuse to agree to payment, and without unanimous consent the executor has no legal right to take fees.
Key Takeaways
In England and Wales, executors and personal representatives generally do not receive payment for their time and effort unless the deceased's will contains a clear charging clause, professional entitlement under the Trustee Act 2000 applies, beneficiaries unanimously consent to a fee, or a court orders executor's commission. Executors are, however, entitled to reimbursement from the estate for reasonable out‑of‑pocket expenses. Clear documentation, beneficiary agreement where needed, and careful adherence to legal provisions help ensure that executor remuneration is lawful and appropriate.
