› Application for remuneration under s 98 Trustees Act 1962 (WA)
› Whether executor entitled to commission
› Relevant factors including complexity of estate, cross-jurisdictional administration, time and expertise devoted
› Trustees Act 1962 (WA), s 98
Quick Take
1Under s 98 of the Trustees Act 1962 (WA), the court's assessment of executor's commission requires an overall evaluation of what remuneration is just and reasonable in the circumstances, having regard to the nature of the estate, the complexity of its administration, the work required, and the time the executor has devoted, subject to the statutory cap of 5% of gross value.
2Cross-jurisdictional estate administration involving multiple wills, dual citizenship, tax compliance across jurisdictions, and property requiring substantial remediation may justify commission at the higher end of the statutory range.
Case Details
Citation[2025] WASC 541
CourtWASC
JurisdictionWestern Australia
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