North Sydney Commercial Lawyers

Wills and Charging ClausesPrint This Post

Wills and Charging Clauses

Estate Planning Update – Autumn 2013

Wills and Charging Clauses if your executor or trustee is a professional and you want them to be paid at their professional rates for the time that they spend on executorial and trustee duties (whether or not those duties include professional work or non-professional work), then you need to use a specific form of words. Failing this, a court application by either the executor, the trustee or the beneficiaries may result. The form of words has been set out in the case of Re Fish; Bennett -v- Bennett [1893] 2 CH 413 and it is still used as a boilerplate to this day.