Probate and estate administration - legal fees and remuneration

Last revised August 05, 2022

We have included a selection of resources to consider for legal fees and remuneration in probate and estate administration. For more, please visit the links below to view availability.

1. British Columbia Probate & Estate Administration Practice Manual, 2d ed.

Volume 1, chapter 16, part III, section B (1b) states:
"The criteria that are to be considered in determining the quantum of the remuneration to be allowed to a personal representative are:

1. the magnitude of the trust;
2. the care and responsibility involved;
3. the time occupied in the administration;
4. the skill and ability displayed; and
5. the success achieved in the final result"

Volume 1, chapter 17, sections III to V explain:

• Entitlement to Remuneration
• when the Solicitor and the Personal Representative are different persons
• when the Solicitor and the Personal Representative are the same person
• The Retainer
• Fees
• general
• for work of the personal representative
• for legal work

2. U.B.C. Law Students' Legal Advice Manual

Chapter 16, part III, section B(5) states: "A personal representative may be entitled to remuneration under a remuneration contract or pursuant to an express authority under the will. Otherwise, he or she is entitled to a fair and reasonable remuneration, not to exceed 5 percent of the gross aggregate value of the estate under section 88 of the Trustee Act, R.S.B.C. 1996, c. 464, and an annual care and management fee not exceeding 0.4% of the average market value of the assets."

3. a)  Estate Administration Act, R.S.B.C. 1996, c. 122, s. 54(2)
(repealed - in effect 31 Mar 2014 BC Reg 148/13)
 
Section 54(2) states that "In addition to the commission to which the official administrator is entitled under subsection (1), an official administrator who is a member in good standing of the Law Society of British Columbia is entitled to receive additional remuneration as may be set by the Lieutenant Governor in Council by way of fees for professional legal services necessary to the administration of the estate and performed by the official administrator."

Section 55 of the same act states that "The Lieutenant Governor in Council may make regulations for carrying out this Part." As of August 15, 2007 there are no regulations made.

b) Wills, Estates and Succession Act, S.B.C. 2009, c. 13  

When the solicitor also acts in the capacity of personal representative, the solicitor cannot be paid for legal services rendered in the administration of the estate unless a “charging clause” in the will authorizes such a payment or unless all the beneficiaries are sui juris and otherwise consent.

For more information see "Solicitor's Remuneration" in the Law Society of British Columbia's PLTC Practice Material on Wills and the section on Lawyers' Remuneration in the British Columbia Probate & Estate Administration Practice Manual, 2nd ed. (Chapter 17).

Power to make regulations is section 184 of WESA.