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Can an executor claim for their expenses or time?

Administering the estate of a deceased person in New Zealand is a significant responsibility, and the task can be both time-consuming and costly. Executors and administrators are responsible for ensuring that the deceased person’s assets are distributed to their beneficiaries in accordance with the will-maker’s wishes, and they must do so while complying with the law and accounting for all expenses incurred.

One question that often arises in the context of estate administration is whether an executor or administrator can claim for their time spent on the matter. The short answer is that, in New Zealand, they cannot unless the will or a court order specifically provides for it.

However, the expenses that an executor or administrator can claim include legal and accounting fees, court fees, and other expenses incurred in administering the estate, such as funeral expenses and valuation fees. These expenses can quickly add up, particularly if the estate is complex or involves disputed assets.

It is important for executors and administrators to keep detailed records of all expenses incurred in the administration of the estate, including receipts and invoices. They should also ensure that they only incur expenses that are reasonable and necessary for the administration of the estate.

If an executor or administrator believes that they have undertaken a significant amount of work that goes beyond what would be expected of them in the ordinary course of their duties, they may be able to apply to the court for reimbursement of their time spent on the matter. However, the court will only do so in exceptional circumstances.

Given the complexity of estate administration, it is always best for executors and administrators to seek legal advice. A good lawyer can guide them through the process and provide them with the advice they need to ensure that the estate is administered smoothly and efficiently.

In conclusion, while executors and administrators cannot claim for their time spent on the matter in New Zealand, they are entitled to be reimbursed for their reasonable expenses incurred in the administration of the estate. Keeping accurate records and seeking legal advice when necessary can help to ensure that the estate is administered correctly and that beneficiaries receive their entitlements in a timely manner.