How much can an executor charge for their work in Nova Scotia?
This answer covers the law of Nova Scotia.
In Nova Scotia the personal representative may be allowed, beyond actual and necessary expenses, a commission not exceeding five percent of the amount received, and the court sets it. That is a ceiling, not an automatic rate, and the Probate Court sets the final amount when the estate closes.
The commission covers all of the personal representative's services in completing administration. In setting it the court may consider the estate's size, the care and responsibility involved, the time spent, the skill shown and the success of the administration. Because those factors vary with each estate, there is no single figure that fits every case.
There are exceptions. A fee set out in the will generally replaces the statutory commission unless the executor renounces it within the time limit. A fee agreement between the testator and a proposed personal representative binds neither the court nor beneficiaries unless it is written into the will. When accounts are passed, the court's powers include setting commission, and an interested person who objects files a Notice of Objection (Form 42) and serves it at least 10 days before the passing date. Talk with a lawyer about your situation.
Key takeaways
- The commission cannot exceed five percent of the amount received, and the court sets it.
- The court may consider the estate's size, the care and responsibility, the time spent, the skill and the success of the administration.
- A fee set out in the will generally replaces the statutory commission unless the executor renounces it within the time limit.
- A fee agreement between the testator and a proposed personal representative binds neither the court nor beneficiaries unless it is written into the will.