NSW Expenses against estate

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Knightmare

Well-Known Member
17 February 2016
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I have posted innumerable requests to the executor for compensation regarding costs and personal labour for the upkeep of my mother's deceased estate. It looks looks I'll need to engage a lawyer to at least send a formal letter of request, and maybe later court action. I'm guessing that the executor will try to claim his expenses in regard to the issue against the estate (ie me!). Is he legally able to do so, or must he bear the costs?
 
Short answer is depends. Lots of legal issues here and not enough information to form a view. Has probate been granted? If so, when? Are there any other beneficiaries? Do you have evidence for the costs incurred to maintain the estate? Are your personal labour costs reasonable? Did you enter into an agreement with the executor to do the work or are you just doing the work cos you want to maintain the property? The estate will wear the expenses of the estate, not the executor personally. Depending on the wording of the Will, the executor may be able to claim executor's commission. If you engage a solicitor to assist you, you will be liable for those fees, not the estate. You may, depending on the circumstances, ask for Court orders that you be reimbursed for your out-of-pocket expenses and possibly your labour, however, that will be more difficult unless you have an agreement with the executor which was put in place before the work was carried out.