executor of will problem - 2

H

Hippic

Registered User
Messages
10
I have been appointed as sole ececutor of the will of an unmarried distant relative who had no remaining brothers and sisters. He lived some distance from Dublin. I have retained his family solicitor but am not clear what expenses,if any , I can claim. I have devoted a lot of time trying to locate potential beneficiaries.
 
Thanks Extopia, sorry my question was not explicit. I did not get clear guidance from the solicitor as to what I am allowed to claim for as regards my expenses as an executor. I assume travel but what about time? So my question is what am I allowed to claim as regards expenses?
 
Not being smart, hippic, but that's definitely a question I'd be asking the solicitor.
 
Problem is that I did ask the solicitor, but the reply was quite vague. In fact he seemed a little surprised that I might wish to claim expenses. I have looked around but have found nothing published on the subject. I am now thinking of the unfortunates that I have put down as executors of my will and I will have to make sure that they are looked after.
 
The solicitor said I could claim mileage expenses. I assume that I can claim where I have receipts such as the cost of death certs and registered post.
 
and what exactly do you want to claim as expenses besides mileage and out of pocket exps? if you are not happy to be executir, you can renounce.
 
Thanks Ravima, fair question. In fact all I want is clarity. I felt that somewhere there might be a standard text which would be made available to executors explaining what they could claim. Clearly executors seem to be expected to give their time for free and there can be a considerable time involvement. As I said earlier, I think I must consider the burden I propose to place on the people who are mentioned as executors in my own will. I am considering allocating something in my will to take into account the burden I am putting on them.
 
In the vast majority of cases where there is a non-professional executor, they do not claim expenses which is probably why the solicitor was surprised. That's why testators appoint family members or friends rather than professionals who might do a better job of it but be more expensive. For eg if all testators appointed accountants or solicitors or indeed, in your type of circumstances, private detectives, probate would be much more efficient in general. Testators tend to think their executor will do it for 'love' not money.

As the executor you are entitled to claim your 'reasonable' expenses. As the executor you are also entitled to decide what is reasonable. The buck stops with you. If any of the beneficiaries afterwards think that your expenses were not in fact reasonable then they could take a claim against you as your responsibility is to ensure the best for the beneficiaries and clearly if you take too much as expenses that wouldn't be the best for them.

So at the end of the day it's up to you.
 
You must log in or register to reply here.
Back
Top