Professional executors after da Silva v Heselton

Key points

• Should executors be paid for their work? They can charge for their time if there is a charging clause in the will or if they obtain the agreement of their co-executors or beneficiaries.
• Since beneficiaries of the estate may refuse to pay executors the inclusion and wording of the charging clause in the will is important.
• In da Silva v Heselton the Court of Appeal considered the wording of a commonly used charging clause.
• As a result of the decision in respect of wills which already contain this clause lawyers whose practice encompasses estate administration may continue to charge their usual professional fees. Lawyers who specialise in other areas of the law or other professionals (eg accountants financial advisers) may charge for work they carry out on behalf of the estate that forms part of their usual practice. Executors who...