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A lay executor generally cannot charge for their time unless the will says so. All executors can reclaim genuine out-of-pocket expenses. Professional executors may charge under the will or the Trustee Act 2000. If beneficiaries agree (all adults, all absolutely entitled), they can consent to voluntary payment.
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English law has historically taken the view that an executor acts out of personal duty or affection for the deceased — not for payment. The general rule, therefore, is that a lay executor (a friend, family member, or other individual acting in a personal rather than professional capacity) is not entitled to remuneration from the estate for the time they spend on administration.
This rule reflects the fact that executorship is a role of trust and confidence, chosen by the testator on the basis of a personal relationship. The executor is expected to perform their duties without expecting financial reward — though they are not expected to be out of pocket.
The estate administration process can be time-consuming — particularly for complex estates involving property, businesses, or overseas assets. The executor should be aware before accepting the role that they may invest significant hours without any financial return. For an understanding of what the role involves, see our executor timeline.
While lay executors generally cannot charge for their time, they are entitled to reimbursement of all reasonable expenses incurred in administering the estate. These include:
Keep records of all expenditure. Beneficiaries are entitled to see estate accounts — see our guide on executor duty to account. Any unexplained payments from the estate could be challenged.
The most straightforward way for an executor to be entitled to charge for their time is for the will to contain an express charging clause. These clauses are routinely included by solicitors when drafting wills that name a professional executor. They might read something like: "Any executor or trustee who is engaged in a profession or business may charge and be paid reasonable professional fees for any work done by them or their firm in connection with the administration of my estate."
Charging clauses can also be included for lay executors, though this is less common. The clause must be clear and unambiguous. Courts will construe charging clauses strictly against the executor: if there is any doubt as to whether the clause authorises a particular charge, the court will tend to find against the executor.
If the will contains a charging clause, the executor may charge reasonable fees for their time. "Reasonable" is judged objectively — in the case of a professional, their normal professional hourly rate is generally acceptable; for a lay executor, the standard is less clear and may require agreement with beneficiaries.
The Trustee Act 2000 introduced a statutory right for professional trustees (and, by extension, professional executors) to receive reasonable remuneration where the will authorises it or where all beneficiaries consent. For a trust corporation, the right is even broader — they may charge reasonable remuneration even where the trust document does not expressly authorise it, provided certain conditions are met.
For solicitors and banks named as executors, the Trustee Act 2000 and the charging clause in the will together provide the basis for their fees. These fees can be substantial — bank executor fees can range from 1% to 5% of the estate value, plus hourly rates. For smaller estates, this can be disproportionate. See our guide on DIY probate vs solicitor costs for a comparison.
Even without a charging clause, it is possible for a lay executor to receive payment if all of the following conditions are met:
This is known as the rule in Saunders v Vautier applied to executor remuneration. Where these conditions are satisfied, the beneficiaries may collectively agree to release funds to the executor as a form of gratuitous payment. It is sometimes structured as a legacy in a new will or a variation to the estate.
Care should be taken with any such arrangement. The executor should take independent legal advice before accepting payment on this basis, to ensure the payment does not expose them to challenge from any beneficiary who later changes their mind. There is also a potential conflict of interest — see our guide on executor and beneficiary conflicts of interest.
If an executor does charge for their time (under a charging clause or with beneficiary consent), the payment is generally treated as income for tax purposes and must be declared to HMRC. This is an additional complication that executors should consider before seeking payment.
Expense reimbursements, by contrast, are not taxable income — they are simply the repayment of money the executor has already spent.
If you are a lay executor facing a complex or time-intensive administration, consider the following practical steps:
Farra can help you manage estate administration step by step — reducing the time and complexity of the role.
How to formally renounce the executor role. Form PA15, the point of no return, what happens when all executors renounce, and power reserved.
When to use a solicitor for estate administration. Simple DIY estates vs complex ones, typical solicitor fees, and the grant-only service option.
What actions executors can legally take before the Grant of Probate. Arranging the funeral, notifying organisations, and what cannot be done without a grant.
Named as executor in a will? Learn your first 10 steps: registering the death, locating the will, valuing the estate, and applying for probate. UK 2026 guide.
Can't find the will? Search the National Wills Register, solicitors, banks, and estate of the deceased. What to do if no will is found. UK executor guide 2026.
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