Can an Executor to a will pay for an admin assistant to help with their duties?

allanapp

Looking for advice here. I am the executor of my brother's will and understand that no payment can be expected for the work carried out, just reimbursement of reasonable expenses. Rather than paying expensive solicitors fees from the estate I elected to do the job myself. However I am inundated with the work and wonder if I can employ the help of an administrative assistant for letter writing, communications and other similar tasks. Advice please?

pmlindyloo

As far as I am aware you can not be paid for your time for being an executor but can claim reasonable expenses such as postage/telephone/travel expenses/payment for official documents. I believe this would also apply to other people 'helping out' unless they were a professional who charged fees for certain services.

However, what I suggest you do is to ask any of the other members of the family/beneficiaries if they could help with the admin or would be happy for you to reinburse someone for doing the admin. You would need to keep receipts/invoices.

Is the person you have in mind a 'professional' in any respect? Are you intending to gift that person some money for thier help or are they invoicing you?

Can't find a useful link for this - sorry. Might be best sorted out in house, so to speak.

Mojisola

allanapp wrote: »

However I am inundated with the work and wonder if I can employ the help of an administrative assistant for letter writing, communications and other similar tasks. Advice please?

I don't see why not. An executor can pay a solicitor to do part of the work if he/she wants to. An executor can pay cleaners, gardeners, house clearance companies, estate agents, etc. to do work that he/she might otherwise do.

It would be best to pay a professional rather than your friend/child/partner - that might be challenged by the beneficiaries.

allanapp

Well I actually live in the Azores whilst my brothers estate is in the UK. The son and step daughter are the main beneficiaries and are being particularly difficult and want every penny given to them without lifting a finger - except to wag it! They want copies of every receipt, all documents and bank final statements. I know I can draw funds from the account to pay for materials etc but I was wanting to pay for a non professional assistant to help with copying, filing and general admin work in order to keep costs down for their ultimate benefit. However they don't think this is a necessary expense and I accepted the role so should just get on with it. So grateful!!

pmlindyloo

allanapp wrote: »

Well I actually live in the Azores whilst my brothers estate is in the UK. The son and step daughter are the main beneficiaries and are being particularly difficult and want every penny given to them without lifting a finger - except to wag it! They want copies of every receipt, all documents and bank final statements. I know I can draw funds from the account to pay for materials etc but I was wanting to pay for a non professional assistant to help with copying, filing and general admin work in order to keep costs down for their ultimate benefit. However they don't think this is a necessary expense and I accepted the role so should just get on with it. So grateful!!

I really don't think people have any idea how onerous a task being an executor can be.

Personally I would be getting an estimate from a solicitor to administer the estate, send it to the beneficiaries and ask them if they want to deduct this amount from the estate or would they prefer the sum of £*** for admin help from ..... to be deducted.

Since the beneficiaries seem to be less than helpful do make sure that you keep detailed accounts of everything.

Good luck!

FOREVER21

allanapp wrote: »

Well I actually live in the Azores whilst my brothers estate is in the UK. The son and step daughter are the main beneficiaries and are being particularly difficult and want every penny given to them without lifting a finger - except to wag it! They want copies of every receipt, all documents and bank final statements. I know I can draw funds from the account to pay for materials etc but I was wanting to pay for a non professional assistant to help with copying, filing and general admin work in order to keep costs down for their ultimate benefit. However they don't think this is a necessary expense and I accepted the role so should just get on with it. So grateful!!

If the main heirs are being so fussy and demanding, then tell them you are no longer prepared to be the executor and they will have to do the work themselves.

Mojisola

allanapp wrote: »

The son and step daughter are the main beneficiaries and are being particularly difficult and want every penny given to them without lifting a finger - except to wag it! They want copies of every receipt, all documents and bank final statements.

pmlindyloo wrote: »

Personally I would be getting an estimate from a solicitor to administer the estate,

With beneficiaries like this and you at a distance, I would have no worries about employing a solicitor and paying for it out of the estate. Let them badger the solicitor as many times as they like - every contact will be a cost on the estate. Everything will be done to the letter of the law and the solicitor will be responsible for every action - not you.

allanapp

Unfortunately as I have done loads of the work already I am apparently legally unable to resign or hand over responsibility to somebody else. I may look into getting an estimate for employing the professional services of a solicitor and see which they prefer!! Thanks for your replies.

Mojisola

allanapp wrote: »

Unfortunately as I have done loads of the work already I am apparently legally unable to resign or hand over responsibility to somebody else. I may look into getting an estimate for employing the professional services of a solicitor and see which they prefer!! Thanks for your replies.

You don't have to resign. You stay as executor but you can employ a solicitor to do the work. You still have to sign all the paperwork as executor but the paperwork will be prepared by the solicitor.

I wouldn't give the beneficiaries the option. They will choose the cheaper option but will continue to drive you crazy with their demands. There have been threads on here from lay executors who have tried to deal with awkward beneficiaries and have had their lives taken over by the demands and complaints and threats.

theoretica

If you feel like relieving your feelings you could point out that due to their excessive demands increasing the work of being an executor all paperwork and correspondance will be handled by X at a charge to the estate of Y. Point out exactly what their demands for reciepts etc will be costing!

g6jns_2

theoretica wrote: »

If you feel like relieving your feelings you could point out that due to their excessive demands increasing the work of being an executor all paperwork and correspondance will be handled by X at a charge to the estate of Y. Point out exactly what their demands for reciepts etc will be costing!

Sound advice. Write and tell them politely but firmly. Hitting their pockets concentrates their minds wonderfully.