Can an Executor Charge a Fee in the UK?
The short answer is: it depends on the will, and on the circumstances. Under English law, an executor is not automatically entitled to charge for their time. However, there are several routes by which reasonable compensation can be received:
1. Express charging clause in the will. Many professionally drafted wills include a clause permitting a professional executor (such as a solicitor or accountant) to charge their professional rates. If you are named as an executor and the will contains such a clause, you may be entitled to charge even if you are not a professional.
2. Agreement of all beneficiaries. If all beneficiaries are adults with full mental capacity and they all agree, they can authorise the executor to receive payment for their time. This agreement should be in writing.
3. Court application. In complex or contentious estates, an executor can apply to the court for remuneration. The court will consider the complexity of the estate, the time involved, and the skill required.
4. The "rule in Re Duke of Norfolk's Settlement Trusts". In certain circumstances, a trustee or executor who has provided services beyond the ordinary scope of their duties may be entitled to a quantum meruit payment — a reasonable sum for the work done.
The Scale of the Work Involved
Administering a complex estate is not a trivial task. The process typically involves:
- Locating and valuing all assets (property, investments, bank accounts, personal possessions)
- Obtaining a grant of probate from the Probate Registry
- Notifying all relevant institutions (banks, HMRC, pension providers, insurers)
- Paying all debts and liabilities, including inheritance tax
- Preparing estate accounts
- Distributing the estate to beneficiaries
For a straightforward estate, this process might take 20–40 hours over 6–12 months. For a complex estate — multiple properties, business interests, overseas assets, or disputed claims — the time involved can easily exceed 200 hours over 2–3 years.
What is a Fair Rate?
The appropriate benchmark is the rate that a professional probate practitioner would charge for the same work, adjusted for the fact that you are not carrying the overheads of a law firm. Solicitors handling probate matters typically charge at Grade C or Grade D rates under the Law Society's guideline hourly rates:
| Grade | Description | London Rate | National Rate |
| --- | --- | --- | --- |
| Grade C | Solicitor/FILEX with 4+ years experience | £261/hour | £188/hour |
| Grade D | Trainee solicitor / paralegal | £138/hour | £126/hour |
For a non-professional executor with significant experience in financial or legal matters, a rate in the range of £35–£70/hour represents a fair direct-engagement rate — substantially less than a law firm would charge, but fair compensation for skilled, time-consuming work.
How to Agree the Fee
The most important step is to agree the fee — or at least the basis for calculating it — with the beneficiaries before the administration begins, not after. A written agreement, signed by all adult beneficiaries, is the cleanest approach. It should specify:
- The hourly rate or fixed fee
- What activities will be charged for (and what will not)
- How time will be recorded and invoiced
- When payment will be made (typically from the estate before distribution)
Our UK Legal Professional Rate Calculator can help you establish a defensible hourly rate based on your experience and the nature of the estate, and our Complete Solution upgrade includes a template engagement letter and timekeeping system designed specifically for this type of arrangement.