I am the executor of an estate, will I get paid?

In most circumstances, executors do not get paid to administer an estate. 

Exceptions to this would be as follows:

• Where a professional person has been appointed executor, ie an accountant or solicitor; 
• Where an organisation such as the Public Trustee has been appointed; 
• Where payment to the executor is specifically included as a clause in the Will; 
• Where the beneficiaries of the estate all agree to the payment; 
• By way of an Application in the Supreme Court of South Australia.

Under Section 70(1) of the Administration and Probate Act 1919, the Supreme Court may allow to any executor, administrator, or trustee, whether of the estate of a deceased person or otherwise, such commission or other remuneration out of the estate or trust property, and either periodically or otherwise, as is just and reasonable.

An executor wanting to receive a commission should keep detailed records of all work undertaken as executor.

In our next article, we will discuss the advantages and disadvantages of including a testamentary trust in your Will.