Rules of Practice 1994

A practitioner must not charge both profit costs and commission in relation to the same work carried out for or on behalf of a client if that practitioner is also – a trustee and an executor; or a trustee; or an executor.

A practitioner must not accept or charge any commission for the execution of a trust unless – the instrument creating the trust provides otherwise; or every beneficiary under the trust who may be affected by the charging of commission has given – written consent, if the beneficiary is of full legal capacity; or the written consent of a parent or guardian, if the beneficiary is not of full legal capacity; or an order of the Supreme Court has been made authorizing the charging of commission.

A practitioner must not cause or permit a person to execute a will or settlement unless that person, before executing the will or settlement, has signed a statement showing the rate or identifying the scale of commission to be charged in addition to legal professional charges if – the practitioner or a principal or an employee of that practitioner's firm is appointed under the will or settlement as – an executor; or a trustee; or an executor and a trustee; and the practitioner, principal or employee is entitled to a trustee's commission.