claiming expenses

[hollie1586]

what is the appropriate fee per hour to be charged for loss of earnings when you are an executor to an estate? i hope i am wording this properly?!?

[Barmaid]

There is no appropriate fee. An executor is allowed to reclaim out of pocket expenses only (ie the refund of expenses he has paid). Under ss28 and 29 Trustee Act 2000, an executor is only allowed to charge if he is a professional. Thus someone engaged in the business of administering an estate can charge their standard fee. Anyone else (ie, a nurse who happens to administer an estate) cannot charge. This has its roots in trust law that an executor/trustee is not allowed to profit from his office.

However, you could agree with the beneficiaries a fee of �x. If they do not agree to pay you cannot enforce it.

[hollie1586]

someone has charged my relative �50 per hour then charged for ���'s of petrol + , when the executor only lives across from the house that they are taking care of......its absolutely ridiculous

[Barmaid]

Well unless the will specifically allows him to charge (and a standard charging clause will not do so), he cannot charge the �50 per hour. The petrol he may be able to if he can demonstrate what mileage he did.

What you have to consider though is what was the total value to your relative in terms of the estate v the charge and is it really worth pursuing?!

[hollie1586]

in total he has claimed around �15,000 and he is retired!! he was left a couple of grand in the will too.

[Cmitchell]

That is outrageous!!!

I'm not knowledgeable on this kind of thing but if you're needing help then take all your papers and relevant documents down to the Citizens Advice Bureau, (you can look them up on Yell.com). Best to see them in person but if you cant then this may help.

http://www.citizensadvice.org.uk/

Good luck honey!

[Barmaid]

I would get your relative to seek legal advice - good as the CAB are, this is a specialist area. Quote ss28 and 29 of the Trustee Act and see if you can get the charges refunded to the estate. I would suggest that this is worth fighting (I have fought charges such as these when far less is involved). As a retired person, he cannot even claim loss of earnings. This is tantamount to a breach of trust, so will need to be properly pleaded with the appropriate enquiries by the court, and possibly even compound interest. Try and see a STEP or ACTAPs or Probate Section member if possible.

[hollie1586]

i got in touch with my solicitor this morning and she said that the executors have no right to be charging �50 per hour. in most cases the executor does not charge anything.