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date: Wed, 21 Oct 2009 21:25:23 +0100,    group: uk.legal.moderated        back       
Can one charge for time spent sorting out probate?   
My parents have spent countless hours over the last 3 years sorting out
an estate for which my Father is a joint executer with his sibling. His
sibling has not been in a position to offer meaningful support to my
Father due to living abroad.

The sale of the property linked estate (which has caused the majority
of the hic-ups) is due to complete soon and I feel the emotional and
physical stress that dealing with this has put upon my parents is huge.
I'd like to encourage them to charge a small fee for their time to my
Father's sibling to go some way to compensate them for the debt and
hassle they have personally experienced in relation to this. 

Is this something they can pursue legally does anyone know?

Many thanks.




-- 
S28 Hew
date: Wed, 21 Oct 2009 21:25:23 +0100   author:   S28 Hew

Re: Can one charge for time spent sorting out probate?   
"S28 Hew"  wrote in message 
news:S28.Hew.525222e@legalbanter.co.uk...
>
> My parents have spent countless hours over the last 3 years sorting out
> an estate for which my Father is a joint executer with his sibling. His
> sibling has not been in a position to offer meaningful support to my
> Father due to living abroad.
>
> The sale of the property linked estate (which has caused the majority
> of the hic-ups) is due to complete soon and I feel the emotional and
> physical stress that dealing with this has put upon my parents is huge.
> I'd like to encourage them to charge a small fee for their time to my
> Father's sibling to go some way to compensate them for the debt and
> hassle they have personally experienced in relation to this.
>
> Is this something they can pursue legally does anyone know?


It is unlikely that they can claim anything. What debt are you referring to?

Peter Crosland
date: Wed, 21 Oct 2009 22:20:34 +0100   author:   Peter Crosland

Re: Can one charge for time spent sorting out probate?   
S28 Hew wrote:

> 
> My parents have spent countless hours over the last 3 years sorting
> out an estate for which my Father is a joint executer with his
> sibling. His sibling has not been in a position to offer meaningful
> support to my Father due to living abroad.
> 
> The sale of the property linked estate (which has caused the
> majority of the hic-ups) is due to complete soon and I feel the
> emotional and physical stress that dealing with this has put upon
> my parents is huge.  I'd like to encourage them to charge a small
> fee for their time to my Father's sibling to go some way to
> compensate them for the debt and hassle they have personally
> experienced in relation to this.
> 
> Is this something they can pursue legally does anyone know?
> 
> Many thanks.

They can only claim any admin costs , such as stamps , filling fees ,
out of pocket expenses and any profesional advice .

All claims for recompense of expenses should be accompanied by
reciepts

After probate is obtained before you distribute the estate its
generally seen as curtious to forward a copy to the benefactors of
the estates 'accounts'
date: Wed, 21 Oct 2009 23:35:08 +0100   author:   steve robinson

Re: Can one charge for time spent sorting out probate?   
S28 Hew;696515 Wrote: 
> My parents have spent countless hours over the last 3 years sorting out
> an estate for which my Father is a joint executer with his sibling. His
> sibling has not been in a position to offer meaningful support to my
> Father due to living abroad.
> 
> The sale of the property linked estate (which has caused the majority
> of the hic-ups) is due to complete soon and I feel the emotional and
> physical stress that dealing with this has put upon my parents is huge.
> I'd like to encourage them to charge a small fee for their time to my
> Father's sibling to go some way to compensate them for the debt and
> hassle they have personally experienced in relation to this. 
> 
> Is this something they can pursue legally does anyone know?
> 
> Many thanks.

Executors are normally unpaid unless acting in a professional capacity
eg a bank,
when they usually charge a percentage. AFAIK it is possible for
private executors to reclaim nominal costs for postage, petrol phone
calls etc.
I suggest the executors agree the amount of work involved and the
division of labour.(100 & 0%)  I would suggest writing to all
beneficiaries requesting approval of nominal recompense for working
Executor & wife eg cost of slap-up meal. If father (executor) or wife
are also beneficiaries - poss not worth the potential upset.  Family
executors act pro bono unless the Will states if and how much they
should be paid for their services.
Any significant payment may be regarded as earned income for tax
purposes by HMRC




-- 
sparky51
date: Wed, 21 Oct 2009 21:25:21 +0100   author:   sparky51

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