Executor's Reasonable Expenses

[Pilote]

I am executor for my mother's estate. Before she died she asked me to scatter her ashes in a certain spot. As I live in France, I had to travel quite a distance to do this. I went in a camper so there were no hotel bills or meals out. Am I allowed to claim for travel as a reasonable executor expense? I did not hold a wake. I would be grateful for any advice.

[woofgang]

yes you are allowed to take reasonable expenses as an executor

[Pilote]

Thanks woofgang. I wanted to be absolutely sure because the other beneficiary has been extremely difficult about everything and I did not want her to come back at me and say I was claiming something to which I was not entitled.

[cassa333]

Reasonable expenses yes.

However if for instance your camper van broke down you can't claim for that.

If for instance you have a dog and had to get special passport, injections etc then that would be debateable expences.

If for instance you wanted to claim for a partners expences then that is unlikely to be recoverable expences.

If for instance you travelled to another country to talk to other family members rather than write or phone. That is likely to be excessive.

If for instance you traveled to another country to scatter your mothers ashes and want to recover the expences for that I think you may have trouble recovering those expences if someone objects.

[cassa333]

Forgot to add.. Benificaries have a right to see the accounts and question the expences, which you have to have receipts for.

I am sure I've seen this post asked before.

[FredPuli43]

You are not obliged to follow the testatrix's instructions or wishes, whether in the will or not, concerning her place or mode of disposal of her ashes or of her burial. However, you stand in the position of doing what she herself would do and therefore any necessary expense concerning that should be unassailable, and will be.

[cassa333]

Just found it... Very able solicitors giveing pro bono advice.

I would suggest that you engage a solicitor for an hour to go over the accounts and give you their opinion on what you are trying to claim for.

[cassa333]

TBH If this was my mum a. mum would understand if I couldn't do it either now or in the future and b. I would do it because it was my mum not because I wanted expences. But I suppose we are all different :)

[Pilote]

Cassa - I HAVE done it because it was my mum, despite considerable financial difficulty. Yes, we're all different. You probably have a decent wage to live on. It's not as though I will be making anything out of this. An executor can only claim back what he has actually spent. Thanks to everyone for your input. I can't afford to hire a solicitor.

[bednobs]

the problem i can see is this: she asked you as her daughter, not as her executor (for example, if you had not been an executor, would she have asked whoever was to scatter her ashes?)

[woofgang]

cassa what are you wittering on about? THe OP asked if an executor can claim reasonable expenses and the answer is yes.

[boxtops]

I must admit I think I'd do it anyway, no matter how much it cost me, just out of respect of my mother's wishes, and not think of claiming the costs. My parents are buried many miles from us by their own wishes, we didn't even consider claiming travel costs for their interments, it wouldn't have entered my mind.

[cassa333]

Woofgang,

The OP asked this, with much more detail on another site run by pro bono solicitors and got the answers I gave above (+ a couple more points). But I do see that it appears to be wittering on if you haven't seen the other post :)

Pilote,

I cut my cloth to the standard I can afford and assuming I am on a limited budget I would have not gone from France to Devon to scatter her ashes. She would have understood this. Or I would have put a svings plan into action. Even pennies add up. And later on had a bit of a break and done it.

Personally I would have taken the advice of the solicitors on the other site but as already said, we're all different :)

[woofgang]

cassa ;)

[Pilote]

Cassa - Yes, I did ask this question on another site, but the replies I got were from lay people and not, as you suggested above, from solicitors giving their professional advice pro bono. Grateful as I was for the time these lay people took to reply to me, I thought I would ask on this site to see if I could get confirmation.
On another note, you know nothing of my situation, financial or otherwise, so please do not judge me on the basis of a few lines of text.

[Neveracrossword]

You are allowed to claim reasonable expenses to 'administer the estate' - I don't know if the scattering of ashes is part of the 'administration'. ( I think it would probably be OK if it was mentioned in the will, but I don't think that is the case here.) The other beneficiary may feel that their point of view is perfectly valid - the ashes did not need to be scattered immediately, especially if this was going to be costly.

[Pilote]

Thanks neveracrossword. I have noted your comments. In fact I saved up for almost a year in order to go and scatter the ashes, as Mum died in July 2012. I kept the urn at home (which is actually against the law in France) until I could get across to carry out her wishes.

[bednobs]

i was thinking a bit more about this today. Was her wish to have her ashes scattered by the executor in the will? As i said previously, it sounds like it was a personal request, mother to daughter, not a testatrix to executor request. You may find this is why the beneficiary is being difficult about it

[Pilote]

Bednobs - Mum asked me during the course of a conversation a few years ago to scatter her ashes. I am the oldest of three daughters so she chose me to be executor and me to scatter the ashes (probably also because the second daughter is estranged and the third is unwell so couldn't do it). After Dad died Mum asked me to drive her to the place where Dad wanted his ashes scattered so we went to scatter his ashes together. Mum paid the expenses of the trip as I have very limited income. So to answer your question, there was nothing written in the Will which specified that I, as executor should scatter the ashes. It was a personal request for the same thing that we had done for Dad.

[woofgang]

ah, different. If it wasn't in the will, then LEGALLY you can't take expenses as executor for actions you took as her daughter. You may have an out as she made you her executor and therefore it might be argued that she spoke to you as her executor. I am not sure though, how things would stand regarding a verbal expression of wishes to an executor