Ghidella, In the will of

[2005] QSC 106

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Succession
2. › Executors and Administrators
3. › Commission
4. › Assessment of commission
5. › Percentage on income and corpus
6. › Whether commission should be reduced where day-to-day administration delegated to solicitors
7. › Uniform Civil Procedure Rules (Qld), r 650(7)
1. Succession
2. › Executors and Administrators
3. › Commission
4. › Entitlement of executor who is also beneficiary
5. › Whether legacy to executor exhausts right to commission
6. › Trusts Act 1973 (Qld), s 101(1)

Quick Take

In an estate valued at approximately $2.4 million where day-to-day financial administration was delegated to retained solicitors, commission of 1.5% on income and 2% on corpus was appropriate. The suggested 'rule of thumb' of 2.5% on income and 4% on capital in a large estate considerably exceeds statutory scales and is not automatically applied.