When someone passes away, their estate must be administered in accordance with their Will or, if no Will exists, under the rules of intestacy. The person responsible for carrying out the instructions in the Will is known as the executor. This role carries significant legal and financial responsibilities, but it also raises questions about what the executor is entitled to receive in return.
At Blackstone Solicitors, we advise clients across England and Wales on all aspects of estate administration, probate, and inheritance law. In this article, we explore the role of the executor, their entitlements, and the legal framework that governs their duties.
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Who Is an Executor?
An executor is a person appointed in a Will to administer the estate of the deceased. Their duties include:
- Applying for a grant of probate
- Collecting and valuing assets
- Paying debts, taxes, and expenses
- Distributing the estate to beneficiaries
Executors may be family members, friends, or professional advisers. A Will can appoint more than one executor, and they must act jointly unless the Will states otherwise.
Legal Duties of an Executor
Before considering entitlements, it is important to understand the legal obligations of an executor. These include:
- Acting in the best interests of the estate and beneficiaries
- Keeping accurate records and accounts
- Avoiding conflicts of interest
- Administering the estate promptly and efficiently
- Complying with tax and legal requirements
Executors are fiduciaries, meaning they must act with honesty, integrity, and diligence. Failure to do so may result in personal liability or removal by the court.
What Is an Executor Entitled To?
Executors are not automatically entitled to payment for their services, but they may be entitled to reimbursement of expenses and, in some cases, remuneration. The key entitlements include:
- Reimbursement of Expenses
Executors are entitled to recover reasonable expenses incurred in administering the estate. These may include:
- Probate application fees
- Travel costs
- Postage and stationery
- Legal and professional fees (if not paid by the estate directly)
- Valuation and asset management costs
Expenses must be properly documented and justified. Executors should keep receipts and records to support any claims.
- Professional Fees
If the executor is a solicitor, accountant, or other professional, they may be entitled to charge for their services—provided this is authorised by the Will or agreed by the beneficiaries.
For example:
- A Will may include a clause allowing a professional executor to charge their usual fees.
- If no such clause exists, the executor must seek agreement from the beneficiaries or apply to the court.
Professional fees must be reasonable and proportionate to the work carried out.
- Renumeration for Lay Executors
Lay executors (i.e. non-professionals) are not generally entitled to payment for their time or effort unless the Will specifically provides for it.
If the Will includes a legacy or gift to the executor in recognition of their role, this is enforceable. However, in the absence of such a provision, lay executors cannot demand payment.
Beneficiaries may choose to offer a discretionary payment, but this is not a legal entitlement.
Executor’s Expenses vs Estate Expenses
It is important to distinguish between expenses incurred personally by the executor and those paid directly from the estate.
- Executor’s expenses: Costs paid out of pocket by the executor, which may be reimbursed.
- Estate expenses: Costs paid directly from estate funds, such as legal fees, funeral costs, and taxes.
Executors must ensure that estate funds are used appropriately and that personal expenses are claimed transparently.
Tax Implications
Executors must deal with the tax affairs of the deceased and the estate. This includes:
- Submitting final income tax returns
- Calculating and paying inheritance tax
- Reporting capital gains and income during administration
Executors are personally liable for ensuring that tax is paid correctly. They are entitled to use estate funds to meet tax liabilities and may seek professional advice to fulfil their obligations.
Common Issues and Disputes
Executor entitlements can give rise to disputes, particularly where:
- Beneficiaries challenge the level of expenses or fees
- The Will is unclear or silent on remuneration
- Executors fail to keep proper records
- Conflicts of interest arise between executors and beneficiaries
To avoid disputes, executors should:
- Communicate openly with beneficiaries
- Keep detailed records and accounts
- Seek legal advice where necessary
- Act in accordance with the Will and the law
Executor’s Insurance and Indemnity
Executors may be exposed to personal liability if they make mistakes or act negligently. To mitigate this risk, they may:
- Take out executor’s insurance
- Seek indemnities from beneficiaries before distributing the estate
- Apply to the court for directions or protection
While these measures do not constitute entitlements, they are important safeguards for executors carrying out complex or high-value estate administration.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we provide expert legal support for executors and beneficiaries throughout the probate process. Our services include:
- Advising on executor duties and entitlements
- Preparing and submitting probate applications
- Assisting with estate administration and tax compliance
- Resolving disputes and claims
- Drafting Wills and clauses relating to executor remuneration
We act for individuals, families, and professionals across England and Wales, offering clear, practical guidance tailored to your circumstances.
Conclusion
Being appointed as an executor is both an honour and a responsibility. While executors are not automatically entitled to payment, they are entitled to recover reasonable expenses and, in some cases, charge professional fees. Understanding the legal framework and acting transparently is key to fulfilling the role effectively and avoiding disputes.
At Blackstone Solicitors, we are committed to helping executors navigate the complexities of estate administration with confidence and clarity. Whether you are preparing a Will, administering an estate, or facing a dispute, our experienced team is here to help.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of Will and probate disputes. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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