PROBATE AND ADMINISTRATION ACT 1898 - SECT 86
Executors etc may be allowed commission
PROBATE AND ADMINISTRATION ACT 1898 - SECT 86
Executors etc may be allowed commission
86 Executors etc may be allowed commission
(1) The Court may allow out of the assets of any deceased person to the
deceased person's executor, administrator, or trustee for the time being, in
passing the accounts relating to the estate of the deceased person, such
commission or percentage for the executor's, administrator's or trustee's
pains and trouble as is just and reasonable, and subject to such notices (if
any) as the Court may direct.
(2) No such allowance shall be made to any
executor, administrator, or trustee who neglects or omits without good reason
to pass the accounts relating to the estate of the deceased person pursuant to
the rules or an order of the Court.
(3) Where any executor, administrator or
trustee renounces the executor's, administrator's or trustee's right to such
commission in respect of any particular year, the executor, administrator or
trustee shall be entitled to indemnity out of the said assets for the amount
of the executor's, administrator's or trustee's Australian legal
practitioner's charges and disbursements, as moderated in accordance with the
relevant professional scale, for non-professional work performed in that year,
to an amount not exceeding that which the executor, administrator or trustee
would have been in the opinion of the Court allowed by way of such commission
for that year had the executor, administrator or trustee not so renounced but
had applied therefor.
