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Payment of executors

The testator may specifically state in their will that the executor is to be paid for the work of administering the estate. A legacy or gift to an executor in a will is usually construed as being dependent on the performance of the executor's duties. If an executor dies without carrying out those duties, the legacy may fail.

Even if the will does not provide for the payment of the executor, the executor may apply to the Court for a commission for the work performed [Succession Act 2023 (SA) s 96]. Generally a lawyer who acts as an executor will not be entitled to a commission in addition to the normal legal fees for such work.

Non-professional executors may seek advice and help from professional services to administer a deceased estate, such as financial advisors, accountants, and lawyers. Any fees incurred will come out of the estate.

Payment of executors  :  Last Revised: Tue Dec 31st 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.