Wills & Trusts Law Reports | Winter 2022 #189The will of the late Gladys Townsend contained at clause 11 a charging clause, the relevant part of which was couched in the following words:
‘MY TRUSTEES shall have the following powers in addition to their powers under the general law or under any other provisions of this Will or any Codicil hereto… (g) for any of my Trustees who shall be engaged in any profession or business [to] charge and be paid (in priority to all other dispositions herein) all usual professional and other fees and to retain any brokerage or commission for work or business introduced transacted ...
Da Silva v Heselton provides welcome clarity on the circumstances in which executors can charge for their services. Lesley Harrison reports It makes no obvious sense for the estate to pay an executor for work that they carry out in which they have no relevant professional skill or business experience. In the case of Da …
Continue reading "Wills: To charge or not to charge?"
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Catherine Pugsley and Laura Southern report on executors’ misplaced reliance on charging clauses The issue of the case was whether an executor, who was involved in a profession or business which was ‘unrelated to the administration of trusts or estates’, could rely on the professional charging clause. It is generally held that the job of …
Continue reading "Executors: When profession counts"
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