Executor Commission Disputes: When Executors Take Too Much (and What Beneficiaries Can Do)

At Boss Lawyers, we act in litigated estate disputes where beneficiaries challenge executor commission and executors defend properly-earned remuneration. This article explains how executor commission works, when it can be challenged, and when Supreme Court litigation becomes necessary.

What is executor commission?

Executor commission (sometimes described as executor remuneration) is a discretionary payment for an executor’s time, effort, responsibility and skill in administering an estate.

In Queensland, the Court has a broad discretion to allow commission. There is no fixed percentage. The key point is simple: commission must be justified by the work actually performed and the responsibilities assumed.

When do executor commission disputes arise?

Executor commission disputes commonly arise where:

• An executor claims a high percentage of the estate without a proper breakdown of work performed;
• The administration was straightforward but the commission claim is treated as a “standard fee”;
• The executor delegates most work to solicitors but still claims substantial commission;
• The executor is also a beneficiary and attempts to double-dip;
• The executor delays the administration and then seeks commission for time lost;
• There is poor record-keeping, vague explanations, or a refusal to provide accounts;
• The commission claim is part of broader concerns about executor misconduct or breach of duty.

Can an executor pay themselves commission?

Generally, no. An executor may only take commission if:

1. The will expressly authorises commission (uncommon); or
2. All beneficiaries give informed consent; or
3. The Supreme Court approves the commission.

If an executor takes commission without authority, they may be ordered to repay the money, may lose any entitlement to commission, and may face personal costs consequences in serious cases.

How does the Court assess executor commission?

There is no one-size-fits-all approach. In practice, the Court considers factors such as:

• The size and complexity of the estate;
• The work performed by the executor personally (not just by lawyers or agents);
• The responsibility and risk assumed by the executor;
• The executor’s skill, efficiency and the outcome achieved;
• Whether the executor had conflicts of interest;
• The executor’s conduct (including delay, transparency, and cooperation with beneficiaries).

Unsupported claims are commonly reduced, and in some cases refused entirely.

When does executor commission litigation become necessary?

Many commission disputes start with correspondence and information requests. Litigation becomes more likely where:

• The executor refuses to provide estate accounts or supporting records;
• Negotiations stall and the executor maintains an unjustified position;
• The executor has already taken funds and will not repay them;
• There are broader allegations of mismanagement or breach of fiduciary duty.

Depending on the facts, beneficiaries may seek Supreme Court orders for:

• Approval, reduction or refusal of executor commission;
• Production of detailed accounts and supporting documents;
• Repayment of improperly taken funds;
• Removal of the executor (in serious cases);
• Costs orders against the executor personally.

Strategic considerations in executor commission disputes

Executor commission disputes are often not “just about the percentage”. They frequently intersect with:

• Delay in administration;
• Disputed legal costs;
• Conflicts of interest and related-party dealings;
• Applications for directions or removal of the executor.

A carefully framed commission challenge can also be a practical leverage point to bring the administration back under control and protect beneficiaries’ interests.

How Boss Lawyers can help

Boss Lawyers is a commercial litigation firm in Brisbane. We bring a litigation-first approach to estate disputes, including contested executor commission claims. We act for:

• Beneficiaries challenging excessive executor commission;
• Executors defending properly-earned commission;
• Parties requiring urgent court relief to preserve estate assets.

Next step: If you are in a dispute about executor commission, early advice matters. Contact Boss Lawyers to discuss your options.

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FAQs

Is executor commission automatic in Queensland?

No. Executor commission is discretionary and must be authorised by the will, consented to by beneficiaries, or approved by the Supreme Court.

What if the executor refuses to provide accounts?

Beneficiaries may seek court orders for the production of accounts and supporting records, and may challenge any commission claimed without proper evidence.

Can an executor be removed over a commission dispute?

Potentially. If a commission dispute is part of broader misconduct, conflicts, or mismanagement, removal may be available in serious cases.