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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10452
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Is it usual executor of a will to ask

Resolved Question:

Hello,
Is it usual for the executor of a will to ask for a monetary consideration for being an executor? This is a case of a neighbour and friend of the deceased who kept an eye on the house in the uk while the person was in a care home and was the executor but not a beneficiary.
We would be happy enough to give something for time and trouble but don't know how much would be reasonable.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your enquiry.From a legal point of view, unless there was a clause in the Will allowing for the Executor, then the appointed lay Executor is not entitled to make any charge at all, other than for reimbursement of travelling expenses/postage costs etc.Likewise the deceased will sometimes leave a legacy to the Executor in consideration of them carrying out their duties, if they are not a beneficiary of the Will.On the basis that neither of the above 2 points are included in the Will, although it is slightly unfair, the Executor is not entitled to a penny, and the beneficiaries of the Will could contest any payment made to him.The only option you therefore have is to agree to pay him something out of the legacies you are to receive.I hope this assists and sets out the legal position.Kind RegardsAl
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