All posts in the ‘Executors & Trustees’ category

Should you claim executor’s fees?

If you are named the executor in a will and decide to take on the appointment, you will be entitled to compensation for services rendered to the estate.  The compensation amount can be specified in the will or in a separate fee agreement. If it is not explicitly set out, you may claim a “fair and… View this post »

The Effect of a Charging Clause on a Professional’s Fees

Testators often choose professionals such as lawyers or accountants to act as their executor because professionals possess useful skills. Many lawyers and accountants have experience dealing with the issues that arise in estate administration. Recognizing this, the testator sometimes includes a “charging clause” in the Will. This allows the professional to charge his or her professional fees… View this post »

How does an executor prove the proper execution of a will?

There are formalities involved in making a will. One such formality is with respect to the execution of a will. Section 4 of the Wills Act sets out the execution requirements. It provides in part that: A will is not valid unless (a) at its end it is signed by the testator……, (b) the testator… View this post »