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Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Trustee Act (ss. 88 to 90), the Supreme Court Civil Rules (Rules 25-13, 25-14) and the court decisions cited below checked that day.
The maximum: under BC’s Trustee Act, up to 5% of the gross value of the estate’s capital, plus up to 5% of the income earned during the administration, plus an optional care and management fee of up to 0.4% a year of the assets’ average market value.
The reality: 5% is a ceiling, not an entitlement. Courts allow what the work was worth, and often much less.
Approval: the fee must be approved by all the beneficiaries or by the court. Taking it early is a breach of trust.
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About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
In BC, an executor is entitled to be paid for administering an estate, but the amount is limited by law. If the will doesn’t set the fee, section 88 of the Trustee Act caps it at 5% of the gross aggregate value of the estate’s capital and 5% of the income earned while the estate is being administered, with a possible care and management fee of up to 0.4% a year for longer administrations. Those are maximums. The actual fee is what the executor’s work was reasonably worth, judged on the size of the estate, the care and responsibility involved, the time spent, the skill shown and the result. It must be approved by every beneficiary, or by the court, before the executor takes it.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for executors and beneficiaries on executor remuneration and passing of accounts; this guide is by Pardeep S. Grewal.
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How are executor fees calculated in BC?
| Part of the fee | Maximum | Notes |
|---|---|---|
| Fee on capital | 5% of the gross aggregate value of the estate’s capital | Based on the original estate assets, valued when sold or distributed. Assets that pass outside the estate don’t count |
| Fee on income | 5% of the income earned during the administration | Interest, rent and dividends earned by the estate |
| Care and management fee | 0.4% a year of the average market value of the assets | For ongoing management, often in longer estates or trusts; calculated year by year |
If the will sets the fee, the will governs instead of section 88, and it can even allow more than 5%: in Re Morrison Estate, 2009 BCSC 217, a will clause effectively raised the cap to 10%. A fee can also be fixed by agreement with the beneficiaries.
Executor fee calculator (the legal maximum)
Maximum executor fee under the Trustee Act
This shows the legal maximum only. Courts often allow far less, depending on the work done. The care and management fee is estimated on the capital value; the real figure uses each year’s average market value. Not legal advice.
What do courts actually allow?
The fee is set on a quantum meruit basis, meaning the reasonable value of the services, up to the 5% maximum. The criteria BC courts apply are:
- the magnitude of the trust;
- the care and responsibility involved;
- the time occupied in the administration;
- the skill and ability displayed; and
- the success achieved in the final result.
The executor has to prove the claim. Some examples from BC decisions:
- In Re Hautakoski Estate, 2009 BCSC 868, the court refused the maximum 5% and allowed 2%, because most of the work the executor relied on was in a wills variation lawsuit.
- In Re Gowans Estate, 2025 BCSC 2173, the court allowed 1.5% instead of the 5% claimed, citing delay, delegation of routine duties and other problems in the administration.
- A great deal of care and diligence may justify a fee toward the 5% maximum (Re Derco Estate, 2022 BCSC 2393).
- An estate that is mostly liquid and simple to administer will not justify something close to 5%. When the executor hands executor’s work to lawyers or other professionals, the court may find their own care and responsibility was minimal, and those professionals’ charges for executor’s work may come out of the executor’s pocket, not the estate’s.
Who approves the fee, and when can the executor take it?
The fee must be approved by the beneficiaries or by the court. If all the beneficiaries are identified adults with capacity, they can approve it in writing, usually when they approve the executor’s accounts. Otherwise the executor applies to the court, often when passing the accounts (Supreme Court Civil Rules, Rule 25-13).
The executor can’t simply pay themselves in advance. There is no statutory authority in BC for “pretaking” the fee, and doing so is a breach of trust; an executor who pretakes may be ordered to repay the money with interest (Zadra v. Cortese, 2016 BCSC 390; Re Abbott Estate, 2023 BCSC 1738, where a former executor was ordered to repay $50,000). The exception is where the will allows it.
Other points about executor fees
- Co-executors share one fee. Two or more executors don’t each get 5%; the total stays within the maximum.
- Beneficiary-executors can still be paid, unless the will gives them a gift instead of a fee.
- Expenses are separate. An executor is reimbursed for reasonable out-of-pocket expenses, such as hiring an accountant for the tax returns, in addition to the fee.
- Tax. Executor fees are generally taxable income to the executor. Ask the estate’s accountant how they are reported.
Mistakes I have seen
- Executors taking 5% as if it were automatic, without accounts or approval.
- Including joint accounts, RRIFs or insurance paid to beneficiaries in the value, which overstates the fee.
- Beneficiaries signing a release with the fee buried in the accounts, without asking how it was worked out.
- Co-executors each claiming a full fee.
Frequently asked questions
What is the standard executor fee in BC?
There is no standard. The Trustee Act sets a 5% maximum on capital and income; the actual fee depends on the work, and is often well below 5%.
Can a beneficiary challenge an executor’s fee?
Yes. A beneficiary can refuse to approve the fee and ask the court to pass the accounts and fix the fee. See executor taking too long? and our executor disputes page.
Can an executor refuse to be paid?
Yes. Many family executors waive their fee. It can be waived by agreement with the beneficiaries.
Does the executor get paid if the will leaves them a gift?
It depends on the wording. If the gift was meant to be instead of a fee, they may not also claim remuneration.
Is there a time limit to claim executor fees?
There is no limitation period to claim under section 88, but the claim is usually made when the accounts are approved or passed.
What should I do right now?
If you are the executor, keep a log of your time and tasks from day one; it is your evidence for the fee. If you are a beneficiary and have been asked to approve a fee, ask for the accounts and how the figure was calculated before you sign.
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Sources
- Trustee Act, R.S.B.C. 1996, c. 464, ss. 88 to 90, BC Laws
- Supreme Court Civil Rules, Part 25 (Rules 25-13, 25-14), BC Laws
- Re Morrison Estate, 2009 BCSC 217; Re Hautakoski Estate, 2009 BCSC 868; Re Derco Estate, 2022 BCSC 2393; Re Gowans Estate, 2025 BCSC 2173; Zadra v. Cortese, 2016 BCSC 390; Re Abbott Estate, 2023 BCSC 1738, as discussed in CLE BC, Probate and Estate Administration Practice Manual, chapter 16
This article is general information about BC law, not legal advice for your situation.