14 August 2015
Hi, I have been asked to be executor of a will for people I have known for 12 years. They have no children and intend to leave everything to the flying doctors. I have not sought this position but they have no one else they trust. I intend to seek payment in the form of commission. I need advice as to what charging clause to insert in their wills and exactly what disclosures I am required to make. Thank you.
You will find an appropriate charging clause ‘Fees including non professional for solicitor trustee’ in the Library of Clauses in the Wills Guide.
The entitlement to charge the estate for professional services is regarded as a gift, and the solicitor should not witness the will. The solicitor who is appointed as executor with an entitlement to commission and who also acts on behalf of the estate with the benefit of a charging clause should not charge both commission and costs.
Before including a commission or charging clause, the solicitor needs to fully inform the client in writing before he/she signs the will, and obtain the client’s informed consent.
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