SA Can Executor of Will Get More Share from the Will?

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petermark

Well-Known Member
24 September 2016
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Let's say your parents had 2 children and you are the executor of will. Your parents' will say: the two children get 50% each, but since you are the executor of will, can you legally keep 60% or more?

You can declare that it is the labour fee.
 

winston wolf

Well-Known Member
21 April 2014
425
116
894
Adelaide
sites.google.com
No.
 
S

Sophea

Guest
No. An executor must carry out the wishes of the deceased precisely as directed in the will. The executor owes the beneficiaries a fiduciary duty to carry out the terms of the will and to ensure they receive their gifts. A beneficiary can sue the executor if they do not do this.

The deceased may specifically state in the will that the executor is to be paid for the work of administering the estate. Even if the will makes no such provision, the executor may apply to the court for a commission for the work performed however they can't just take what they think is fit. The executor has to satisfy the Court of ‘faithful, honest and diligent’ performance of the duties of Executor, including undue delay in distributing the estate.
 
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