The Court allowed an administrator's commission of 3% of the gross estate value ($21,846.62 on an estate of $728,220.54) under s 98 of the Trustees Act 1962 (WA). The estate involved an intestacy with a single real property, superannuation funds, and a bank account, but administration was protracted due to familial disputes, changing Landgate requirements, and ATO compliance. The Court confirmed that an executor/administrator has a statutory right to claim commission without needing to demonstrate particular onerousness, and assessed 3% as just and reasonable on the facts, situating the complexity between the simpler estate in Knuckey (under 2%) and the cross-jurisdictional estate in Ackermann (4%).
The full text is available to signed-in members.