Victorian Current Acts

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ADMINISTRATION AND PROBATE ACT 1958 - SECT 65C

Consent to executor's remuneration by interested beneficiaries

    (1)     An executor of a will may receive fees or commission from the assets of the estate of the deceased person if the executor has obtained informed consent from each interested beneficiary and—

        (a)     there is no remuneration clause in the will; or

        (b)     a remuneration clause in the will does not authorise the type of remuneration sought or taken by the executor; or

        (c)     a remuneration clause does not entitle the executor to remuneration because written informed consent for the remuneration clause was not obtained from the testator in accordance with section 65B.

    (2)     Subsection (1) does not apply to an executor that is a trustee company.

S. 65D
inserted by No. 41/2017 s. 17.



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