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Executor wanting payment for time.

(10 Posts)
Perihelion Thu 22-Dec-16 01:08:52

Executor who is also a beneficiary of the will, is wanting to charge for time spent dealing with the estate.
Am I right in thinking personal executors can only claim expenses?
And what would be a reasonable millage allowance? Or would just be petrol costs?

Tartyflette Thu 22-Dec-16 01:12:06

When I was an executor of a relative's will I was told I could not claim any expenses for my time but could claim small items like postage costs and possibly petrol/mileage (AFAICR, it was about 10 years ago) but I don't think I bothered.

prh47bridge Thu 22-Dec-16 08:57:26

You are correct that a personal executor can only reimburse themselves for reasonable expenses. They cannot charge for their time unless there is a specific clause in the will allowing them to do so. Charging for their time is regarded as profiting from a position of trust.

The executor can only claim for travel if it is essential to administer the estate. The principle that they cannot profit applies to all expenses so any reimbursement must reflect their actual costs.

Perihelion Thu 22-Dec-16 08:59:33

That's what I thought. I was also named as an executor, but reserved my powers due to being in another country.
One executor is claiming only for petrol ( has done all the paperwork and helped with the house clearance ). The other I have issue with, is trying to charge for over 100 hours of his time, which I think is taking the piss.

Note3 Thu 22-Dec-16 09:01:13

They can claim HMRC mileage rates but no time payment

CotswoldStrife Thu 22-Dec-16 09:04:10

I thought you could only claim expenses - my DH has been an executor on a number of occasions and never claimed any expenses (by choice, he has never wanted to) and we've spent a fortune on certificates and postage!. I had no idea you could claim mileage either!

Has the executor demanding payment taken unpaid leave from work or something?

Note3 Thu 22-Dec-16 12:11:46

Cotswold - that's a shame your husband didn't know as executors can claim mileage, costs incurred such as stamps and photocopies but definately cannot claim for time spen, nor can they claim for a day off if they take time off work

Perihelion Thu 22-Dec-16 12:56:59

Thank you for your replies. There is no specific clause, but I wanted to be sure before refusing to approve the expenses.
Now just have to wait to see how many miles they will try to claim for.....

CotswoldStrife Thu 22-Dec-16 13:53:27

Note it may not be a bad thing, one of the other executors in one case lived quite a way away, they'd have been claiming for everything for themselves and their family too!

We knew we could claim expenses (postage, certificates etc) but my DH never wanted to. He's done a few and one took years - I don't even want to think of the amount we spent on postage and certificates for that one, even I was running to the post office sending certificates off as soon as they came back grin but it was a really complicated estate to do with a lot of individual item all with complicated forms and a need to see paperwork that was not photocopied .

Note3 Thu 22-Dec-16 13:59:20

Can only imagine it's a massive headache. I imagine it would take a special person to be executor if they're not benefiting in any way!

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