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Step 31 - Pay Reimbursements & Executor Services

Last updated: June 2019

Why is this important?

This step explains everything you need to know about reimbursing the Executor, Administrator or Next of Kin who may have paid for testamentary expenses along the way. You may also be able to claim for Executor or Administrator services.

 

simplyEstate is here to help with the process. Contact us via email or book a first free phone appointment.

Approximate Effort & Cost

Reading: 15 mins
Preparing: 1-2 hrs
Completing: 1-5 hrs
Waiting: 0-8 wks
Total: 2:15 hrs – 8 wks
Cost: $400 – $800

Effort and cost are general estimates only and are based on the assumption that you complete this step without specialist help.

Instructions

To find out how this Process Guide works, access the instructions here.

Glossary

To find out what the capitalised words mean, access the glossary here.

Forms

see Step 31.4 for more information

Form 20 (version 3), UCPR 18.1 and 18.3Notice of Motion
SCR Part 78 Div 11 – Affidavit to pass accounts (if not already completed)
SCR Part 78 Div 11 (2nd) – Affidavit to verify accounts (if these have not changed since previous lodgement)
Inventory of property – a summary of all assets and liabilities of the deceased estate.

Form 3-10ASummons
Form 3-10BAffidavit

You will need to provide an Affidavit covering each aspect required under the UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Rule 657C (Austl.) (accessed 12/10/2018).
You may also need to provide the estate accounts.

Other forms not listed here may be required based on your specific circumstances.

Legislation

PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 86 (Austl.) (accessed 12/10/ 2018)
Supreme Court Rules (NSW) Part 78 (Austl.) (accessed 12/10/2018)
UNIFORM CIVIL PROCEDURE RULES 2005 (NSW) Part 78 (Austl.) (accessed 12/10/2018)

ADMINISTRATION AND PROBATE ACT 1958 (VIC) Sections 65, 65A, 65B, 65C, 65D, 65E (Austl.) (accessed 12/10/2018)

SUCCESSION ACT 1981 (QLD) Section 68 (Austl.) (accessed 12/10/2018)

Legislation shown may not be comprehensive and other legislation and rules may apply to your specific circumstances.

31.1 Overview

Even though the deceased estate is not fully completed just yet, you as the Executor or Administrator have worked through most of the estate administration process tirelessly and diligently in the best interest of the deceased estate. Even if you have done so voluntarily to fulfil the deceased person’s last will or to help the Beneficiaries, your efforts should be recognised, and you may even be eligible to be paid. You or a Next of Kin may also have incurred some expenses that should be reimbursed. You should:

  • determine all expenses incurred to administer the estate for reimbursement;
  • calculate the total time you spent administering the estate; and
  • discuss reimbursements and payment for your services with the Beneficiaries.

Contents
31.2 Reimburse Testamentary Costs
31.3 Pay Other Estate Administration Invoices
31.4 Pay Executor or Administrator Services
31.5 Actions and Decisions to Complete Step

31.2 Reimburse Testamentary Costs

Any reasonable expenses you or any other person incurred from personal funds relating to the deceased estate administration and funeral can be reimbursed from the estate.

 

Typically, the following costs directly related to the estate may be considered for reimbursement from the deceased estate:

  • simplyEstate fees for your subscription, tools and services
  • legal practitioner fees
  • accountant fees
  • financial advisor fees
  • funeral and related costs
  • application and lodgement fees including Supreme Court
  • insurance premiums
  • valuation fees
  • house clearance fees
  • cleaning fees
  • real estate agent fees
  • travel costs and parking fees
  • phone costs
  • postage fees
  • post redirection fees
  • document preparation fees including printing, copying and certifying copies etc.

If you used the simplyEstate Estate Administration Expenses Tracking tool, you can simply verify again that all the above costs paid by you or a Next of Kin are listed.
Note: You should make sure each claim can be substantiated with a receipt or other official document.

 

You should provide the complete list of expenses to all the Beneficiaries and request agreement and sign-off to make payment from the ‘Estate of the Late’ accounts or the estate account to the person(s) who incurred these.

 

simplyEstate can provide you with a full overview of costs incurred on our website by emailing [email protected] if you can no longer find your receipts.

31.3 Pay Other Estate Administration Invoices

Where you have engaged any services to assist you with the deceased estate administration and have not yet paid these, you should pay them now unless you are disputing charges or have had any other issues with the provider of the services, which you will need to sort out first.

 

Common services used during a deceased estate administration include the ones listed above.

simplyEstate is here to help.

Contact us via email or book your free first phone appointment.

31.4 Pay Executor or Administrator Services

Executors or Administrators may be paid for their pains and troubles caused by the administration of the deceased estate where the administration was particularly complicated and time consuming. If you are also a Beneficiary of the deceased estate you may not be eligible for commission.

 

You should only pay a commission or compensation to yourself from the deceased estate if:

  • the Will specifically states the amount paid for Executor services;
  • all the Beneficiaries (that have capacity to agree and are aged 18 or more) authorise payment request; or
  • an application to the Supreme Court to seek payment is successful.

You should in the first instance discuss compensation for your time and efforts with the Beneficiaries if the Will specifically states an amount or if all Beneficiaries agree to pay a reasonable amount. If such an agreement is reached, you should request this in writing and signed by all Beneficiaries.

 

Beneficiaries need to know that if you believe your time and effort warrant compensation and are forced to apply to the Supreme Court, the costs to apply will be paid by the estate and the distribution of the estate will be delayed until a decision is made.

 

A Supreme Court application for compensation will be reviewed by considering aspects including but not limited to:

  • the size and complexity of the deceased estate;
  • exactly how much time you have spent on what tasks;
  • how you organised yourself;
  • how many Executors or Administrators shared the workload;
  • how much work was delegated to other professionals such as lawyers, accountants, cleaners etc.;
  • how you protected the estate; and
  • if there were additional complications such as other claims against the deceased estate that you had to defend.

The Supreme court will generally not authorise payment where you were found to have engaged in bad conduct, were dishonest or engaged in fraudulent activities when acting on behalf of the deceased estate.
The court may also deem that the pains and trouble were not significant enough to grant payment authorisation.

 

If the Beneficiaries did not agree to your payment request and you still want to apply to the Supreme Court to seek commission or payment in the relevant State/Territory, follow the below process.

 

Note: Depending on the State/Territory, the Supreme Court may request the Statement of Assets & Liabilities or Accounts with an application for compensation or commission. If you have not lodged these at the time of applying for Grant of Probate or Letters of Administration, you should read Step 27.9 – Publish the Statutory Notice first to ensure you have made the required statutory notice before proceeding.

Supreme Court of Western Australia

Phone: 08 9421 5333
Contact Hours: Monday – Friday, 8:00am – 4:00pm AWST
Address/Post: Supreme Court of WA, Level 11, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000

 

Process
The Supreme Court of WA does not provide forms for this process and you should make a special application to request authorisation to make payment for your services from the deceased estate. These types of applications may be quite expensive as you will need to provide evidence about each aspect of the administration with the use of Affidavits.


It is highly recommended you seek legal advice to draft these Affidavits.
simplyEstate partners with legal firms that specialise on this task and can be found in the yellow section to the right or below.

 

You must swear or affirm your Affidavit in front of a:

  • Justice of the Peace;
  • a practicing lawyer with a current certificate; or
  • a public notary.

You and one of the above listed witnesses must sign:

  • each page of the Affidavit;
  • the final page of the Affidavit; and
  • the cover of the Will.

Relevant Documents
You will need to provide Affidavits for each aspect of your application and proof of the tasks undertaken on behalf of the estate and the difficulties faced that to substantiate your request for payment for your services.
You may also need to provide the Statement of Assets and Liabilities as provided during Step 27 – Apply for Grant of Probate or Letters of Administration or an updated version.

 

The Affidavit should include the following wording as set out in the NON-CONTENTIOUS PROBATE RULES 1967 (WA) Rule 9B (Austl.) (accessed 12/10/2018):

“Attached hereto and marked is a true and correct statement setting out:
a) all movable property, wherever situated, and all immovable property in Western Australia comprised in the estate of the deceased;
b) the value at the time of death of the deceased of the property referred to in subparagraph (a) hereof; and
c) all debts, wherever situated, owing by the deceased at the time of his death.”

 

Website
The Supreme Court of WA website can be accessed here

Supreme Court of New South Wales

Phone: 1300 679 272
Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Email: [email protected]
Address: Law Courts Building, Level 5, 184 Phillip Street, Sydney NSW 2000
Post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001

 

Process – Online
The online portal for the Supreme Court of NSW allows you to complete and submit a Form 20 – Notice of Motion.

 

To use the online portal to file forms, you need to login or register here if you haven’t already done so for previous dealings with the Supreme Court of NSW.

 

To register you will need two of the following documents ready to identify yourself:

  • Australian Driver’s license;
  • Australian electoral roll;
  • Medicare card;
  • Australian passport;
  • Australian Citizenship Certificate;
  • Change of Name Certificate; and
  • Phone Book.

Process – Paper
If you cannot or do not want to apply for notice online, you can complete and lodge the necessary documents as outlined below.

 

For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with legal firms that specialise on this task and can be found in the yellow section to the right or below.

 

You must swear or affirm your Affidavit in front of a:

  • Justice of the Peace;
  • a practicing lawyer with a current certificate; or
  • a public notary.

You and one of the above listed witnesses must sign:

  • each page of the Affidavit;
  • the final page of the Affidavit; and
  • the cover of the Will.

Relevant Documents
You will need to provide the following documents or as requested by the Supreme Court:

Fees – Supreme Court of NSW

Application for Notice of Motion is $411 for standard and $941 for corporation applications. Note: Prices shown as at 12 October 2018.

 

Website

Supreme Court of NSW

Relevant Legislation & Rules

PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 86 (Austl.) (accessed 12/10/ 2018);

UNIFORM CIVIL PROCEDURE RULES 2005 (NSW) Part 78 (Austl.) (accessed 12/10/2018)

Supreme Court of Victoria

Phone: 03 9603 9300 (option 1 for Probate and Wills)
Opening Hours: Monday – Friday, 9:30am – 4:00pm AEST
Email: [email protected]
Address: Level 2, 436 Lonsdale Street, Melbourne Victoria 3000
Post: Probate Office, Supreme Court of Victoria, 210 William Street, Melbourne Victoria 3000

 

Process
The Supreme Court of VIC does not provide forms and requires drafted documents as outlined below for this process. You should make a special application to request authorisation to make payment for your services from the deceased estate. These types of applications may be quite expensive as you will need to provide evidence about each aspect of the administration with the use of Affidavits.

 

It is highly recommended you seek legal advice to draft the Affidavit.
simplyEstate partners with legal firms that specialise on this task and can be found in the yellow section to the right or below.

 

You must swear or affirm your Affidavit in front of a:

  • Justice of the Peace;
  • a practicing lawyer with a current certificate; or
  • a public notary.

You and one of the above listed witnesses must sign:

  • each page of the Affidavit;
  • the final page of the Affidavit; and
  • the cover of the Will.

Relevant Documents
You will need to provide the following documents or as requested by the Supreme Court:

Fees – Supreme Court of VIC
Application for commission is $723.90 for standard and $1447.90 for corporation applications. Note: Prices shown as at 12 October 2018.

 

Website
Supreme Court of VIC, Applying for grant of probate or administration

 

Relevant Legislation & Rules
ADMINISTRATION AND PROBATE ACT 1958 (VIC) Sections 65, 65A, 65B, 65C, 65D, 65E (Austl.) (accessed 12/10/2018)

Supreme Court of Queensland

Phone: 07 3236 1855
Opening Hours: Monday – Friday, 9:00am – 4:00pm AEST
Email: [email protected]
Address: QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4000
Post: PO Box 15167, City East Qld 4002

 

Process
The Supreme Court of QLD does not provide forms for this process and you should make a special application to request authorisation to make payment for your services from the deceased estate. These types of applications may be quite expensive as you will need to provide evidence about each aspect of the administration with the use of an Affidavit.

 

It is highly recommended you seek legal advice to draft the Affidavit.
simplyEstate partners with legal firms that specialise on this task and can be found in the yellow section to the right or below.

 

You must swear or affirm your Affidavit in front of a:

  • Justice of the Peace;
  • a practicing lawyer with a current certificate; or
  • a public notary.

You and one of the above listed witnesses must sign:

  • each page of the Affidavit;
  • the final page of the Affidavit; and
  • the cover of the Will.

Relevant Documents
You will need to provide an Affidavit covering each aspect required under the UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Rule 657C (Austl.) (accessed 12/10/2018).
You may also need to provide the estate accounts (referred to Statement of Assets and Liabilities on this website) as provided during Step 27 – Apply for Grant of Probate or Letters of Administration or an updated version thereof.

 

Website
Supreme Court of QLD website can be accessed here.

 

Relevant Legislation & Rules
SUCCESSION ACT 1981 (QLD) Section 68 (Austl.) (accessed 12/10/2018)

31.5 Actions and Decisions to Complete Step

If you would like a little help from us at simplyEstate with this Step, you can email us or book your free first phone appointment. If you would like specialist help, get in touch with one of our Specialist Partners listed in the yellow section to the right or below and see how they can help.

 

If you have decided to tackle this Step yourself after reading and understanding this Step, you may want to:

  1. Review all testamentary related expenses and seek authorisation and sign-off by all Beneficiaries to make reimbursement payments;
  2. Review the Will for any mention about compensation of the Executor for their pains and troubles;
  3. Decide if your efforts and complexity of the estate administration warrant a compensation claim; and
  4. Request all Beneficiaries to agree to compensation or make an application to the Supreme Court where you decided a compensation claim is warranted.

Once you have completed all the necessary actions and decisions, you can move on to the next Step by clicking below or save progress at the top.

Do you need specialist help?

simplyEstate has partnered with select Specialists across Australia to assist you.

 

You can click on your State/Territory to find a suitable Specialist and get in touch to discuss how they can help you.

Estate Lawyers

 

simplyEstate Specialist Partner Listings coming soon in 2019.

 

simplyEstate Specialist Partner Listings coming soon in 2019.

 

simplyEstate Specialist Partner Listings coming soon in 2019.

 

simplyEstate Specialist Partner Listings coming soon in 2019.

Get in Touch

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If you would like to speak to us about this Step, discuss how to engage a Specialist Partner or need support, book a Phone Appointment now.

simplyEstate is here to help.

 

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