An executor is the person responsible for carrying out the instructions in your Will after you die. As your legal personal representative, the executor’s duties include identifying and protecting your assets, collecting and paying debts, applying for probate (if required), and distributing the estate to your beneficiaries. If there is a dispute about the estate, the executor will need to manage and respond to that dispute.
In New South Wales, any adult with legal capacity can act as an executor. Some people choose to appoint a solicitor as executor of their Will, especially in complex or sensitive circumstances.
Why Appoint a Solicitor as Executor?
Solicitors often act as executors for estates that are complex, estates that involve blended families, or where disputes between beneficiaries are anticipated.
An experienced lawyer can bring professionalism, impartiality, and knowledge of estate law to the administration process. They are skilled at maintaining accurate records, communicating with beneficiaries, and ensuring the provisions in the Will are properly carried out.
Appointing a solicitor may also provide peace of mind if family members are unable or unwilling to handle the legal and financial aspects of administering an estate.
Can Lawyers Charge for Acting as Executor?
In NSW, a solicitor-executor may charge for professional legal work (for example, obtaining probate, dealing with property transfers, or advising on legal matters) if the Will includes a valid charging clause. These fees are billed at standard legal rates and must comply with the disclosure and costs requirements in the Legal Profession Uniform Law (NSW).
For executorial (non-legal) work, such as general estate management and correspondence, a solicitor-executor cannot charge fees unless:
- the Will expressly authorises payment of commission, or
- all residual beneficiaries give informed written consent, or
- the Supreme Court approves commission under section 86 of the Probate and Administration Act 1898 (NSW).
Disclosure Obligations Before You Sign
Before you sign your Will, any solicitor who is to be appointed as executor must comply with Rule 12.4 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW). This means they must:
- Provide a written disclosure explaining any entitlement to claim commission or fees.
- Clearly identify any charging clause that allows them to charge legal costs for administering the estate.
- Advise you in writing that you may appoint someone else as executor who might make no claim for commission or professional fees.
This disclosure must be provided before the Will is executed.
Conclusion
Appointing a solicitor as executor can help ensure your Will is managed professionally, particularly where the estate is complex or family dynamics are sensitive. However, solicitors must follow strict disclosure and conduct requirements to ensure transparency about fees or commission.
This is general information only and does not constitute legal advice. You should seek advice specific to your circumstances before appointing an executor or preparing your Will.
If you or someone you know wants more information or needs legal help or advice, please contact us on 02 9790 7000 or email [email protected].