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.
Clear guide on whether executors can be paid in England and Wales, explaining legal entitlements to remuneration, use of charging clauses, professional executor fees, beneficiary consent and common concerns for estate administrators.
When a loved one dies and leaves a will, the person named as executor is responsible for administering the estate - gathering assets, paying debts and taxes, and distributing what remains to beneficiaries. A common question in estate administration is whether executors can be paid for their work. The answer depends on legal principles, the wording of the will, and the agreement of beneficiaries. This article explains the rules and options for executor remuneration and reimbursement in clear, practical terms.
The Default Legal Position: Executors Do Not Get Paid
Under English and Welsh law, the role of executor is generally gratuitous - meaning executors appointed under a will do not automatically have the right to be paid for their time or effort in administering the estate. This applies whether the executor is a family member, friend or other lay person.
The rationale is that most testators (the person who made the will) choose executors they trust and do not usually intend for them to be remunerated for what is regarded as a duty arising from personal trust. Unless legal authority to charge is clearly provided, an executor may not deduct a fee from the estate for their time. An executor who does so without authority could be required to repay the amount to the estate if challenged by beneficiaries.
Example: A family member named as executor who spends many hours managing estate affairs does not inherently have the legal right to take an executor fee from the deceased's assets simply for the time spent.
Reimbursement of Out‑of‑Pocket Expenses
Although executors cannot usually charge for their time, they are entitled to reimbursement from the estate for reasonable out‑of‑pocket expenses they incur in the course of their duties. Examples include:
- Probate court fees and certified document copies
- Postage, stationery and document handling
- Travel costs to meet professionals or view estate property
- Valuation and property search fees
- Advertising statutory notices if required
Executors should keep detailed records and receipts of all such expenses to support claims and maintain transparency with beneficiaries.
Charging Clauses in Wills
Some wills include a charging clause that expressly authorises executors to be paid for their work. A charging clause might:
- Allow a lay executor to charge for administrative time
- Authorise professional executors to charge reasonable fees
- Specify rates or a formula for calculating remuneration
However, charging clauses are strictly interpreted by courts. If the clause refers to a professional executor, the entitlement is usually only for work that falls within the scope of their profession or business (e.g. legal or accountancy services), not for general estate administration time. This was confirmed in the case of Da Silva v Heselton, where the court ruled that even with a charging clause, an executor could not claim for tasks outside their profession.
Practical point: Executors and testators should ensure clear wording in a will if remuneration is intended, and consider specifying the kinds of work and rates involved.
Professional Executors
A professional executor - for example, a solicitor, accountant or trust corporation - may be entitled to charge reasonable remuneration for their services under Section 29 of the Trustee Act 2000, even if there is no charging clause in the will, provided certain conditions are met.
These conditions typically require that:
- The executor is a professional acting in a professional capacity
- There is agreement from co‑executors or beneficiaries where required, or an appropriate charging provision exists
- The fees charged are reasonable in all the circumstances
If beneficiaries consent, a professional executor's remuneration can be agreed and paid from the estate. Without such consent or a charging clause, professional executors would need to seek authority (for example, from a court) in exceptional circumstances.
Ex Gratia Payments With Beneficiaries' Consent
If a will does not include a charging clause and the executor is not a professional, remuneration is possible only with the unanimous agreement of all adult beneficiaries. This is known as an ex gratia payment - a voluntary payment made out of goodwill rather than as a legal entitlement.
To be effective, the agreement must be:
- Unanimous (all adult beneficiaries agree)
- Documented clearly in writing
- Properly recorded in the estate accounts
If beneficiaries do not all consent, the executor remains uncompensated for time spent.
Applying to Court for Executor's Commission
In rare cases where there is no charging clause and beneficiaries will not consent, an executor may seek remuneration via a court application for executor's commission. This is discretionary and not commonly granted, but the court can award compensation where there are exceptional grounds or significant work has been undertaken that justifies payment.
Practical Steps for Executors
To manage expectations and avoid disputes, an executor should:
- Review the will carefully to check for any charging clause.
- Keep detailed records of time and expenses incurred.
- Seek written consent from beneficiaries if considering remuneration.
- Discuss professional advice early if there is uncertainty about entitlement to payment.
- Document all agreements and reimbursement claims in the estate accounts.
Clear communication with beneficiaries about any expected executor payments or reimbursements helps reduce the risk of disputes and ensures transparency in estate administration.
Common Questions
Can a lay executor charge for their time without a charging clause?
Generally no. A lay (non‑professional) executor does not have a legal right to remuneration for time spent unless the will expressly authorises it or beneficiaries agree in writing.
Can a professional executor always charge fees?
Professional executors may charge reasonable fees, but only where there is a clear charging clause or appropriate beneficiary agreement, and the charges must be justified and reasonable.
What if beneficiaries dispute executor charges?
Beneficiaries can challenge claims for remuneration that lack legal authority or are unreasonable. Executors should be prepared to provide evidence of authority and reasonableness.
Key Takeaways
Executors in England and Wales do not automatically receive payment for their work administering an estate. The default legal position is that the role is gratuitous, with entitlement limited to reimbursement of reasonable out‑of‑pocket expenses. Payments to executors for their time or services require either a charging clause in the will, agreement of all beneficiaries, or, in exceptional cases, a court order. Professional executors may be entitled to fees under statutory provisions where appropriate conditions are met. Executors should document all reimbursement claims and any remuneration agreements clearly to maintain transparency and avoid disputes.
