WA Executor of Will Taking Fees Out of Deceased Estate?

[Sue Swindell]

As a beneficiary, how long can an executor take to distribute the deceased estate funds? Can an executor of will charge the deceased estate for petrol expenses and advise from accountant?

Also, can an executor who is using a lawyer have his lawyers fees paid out of the deceased estate? What rights do the beneficiaries have if executor does not distribute funds correctly? When appointed executor of will and you engage a lawyer, what expenses can be taken out of estate?

 

[Sophea]

Hi Sue,

Generally executors are expected to wind up the estate within 12 months unless there is nothing that is too complicated.

Executors are entitled to be reimbursed by the estate for any amounts they have paid on behalf of the estate, provided they were appropriate amounts. Professional advice from an accountant or lawyer are usually considered appropriate where those services are not to benefit the executor personally but for the benefit of the estate. Not sure about fuel for mileage though.

If an executor fails to distribute the estate in accordance with the terms of the will you can take htem to court and get orders for them to do it properly or pay you back for any loss you have suffered.