When executors must justify their legal fees: a guide to probate costs assessment

Executors must ensure the solicitor’s fees are reasonable before paying them out of the estate.

When a loved one dies, executors are responsible for administering the estate — and most sensibly choose to instruct solicitors to help.
But one thing often gets overlooked: 

Executors must ensure the solicitor's fees are reasonable before paying them out of the estate. 

Executors cannot simply approve every bill placed in front of them.
They have a duty to protect the estate — and that includes supervising legal costs. 

This guide explains when executors must justify fees, how the assessment process works, and what beneficiaries can do if they believe costs have spiralled. 

Why executors must supervise solicitor fees

Executors owe a fiduciary duty to the estate.
This means they must: 

• act in the beneficiaries' best interests 

• be careful, honest and accountable 

• avoid unnecessary costs 

• justify expenses paid from estate funds 

Paying a solicitor's bill is not a "rubber stamp" exercise.
It is a decision the executor stands behind personally. 

If a beneficiary later challenges the fees, the executor may be asked: 

• Why were these costs approved? 

• Did you check the time entries? 

• Were the services necessary? 

• Was the solicitor's work properly supervised? 

• Could these costs have been reduced? 

Executors who cannot answer those questions may find themselves criticised or even financially responsible. 

When executors must justify the legal fees

Executors must be prepared to justify fees in the following situations: 

1. When paying the solicitor from estate funds

Any use of estate money must be reasonable. 

Executors must be able to show: 

• the work relates to estate administration 

• the time spent was proportionate 

• hourly rates are sensible 

• there was no duplication 

• they monitored the file 

Simply assuming the solicitor "must be right" is not enough. 

2. When beneficiaries query costs

Beneficiaries cannot directly challenge the solicitor's bill.
But they can challenge the executor's decision to pay it. 

This places the executor under scrutiny. 

A beneficiary may ask: 

• "Why were these emails necessary?" 

• "Why did the solicitor spend 12 hours on the IHT form?" 

• "Why did the estate pay for resolving family disputes?" 

Executors must respond transparently and provide records. 

3. When there is a dispute between co-executors

One executor may believe the solicitor's work is excessive or inefficient.
The other may think it is appropriate. 

Costs assessment often becomes the referee in these disagreements. 

4. When the estate is modest but the bill is not

A bill may be disproportionate if: 

• the estate is small 

• the work was straightforward 

• the solicitor communicated excessively 

• administrative tasks were charged at high fee-earner rates 

Executors must step in and question items that appear unreasonable. 

5. When the matter escalates to costs assessment

If the issue becomes serious enough, the Senior Courts Costs Office (SCCO) may become involved. 

At that point, the executor must present: 

• bills 

• time records 

• correspondence 

• decisions made 

• explanations for costs 

The executor's conduct becomes part of the assessment. 

A beneficiary cannot challenge the solicitor directly — but they can challenge the executor’s handling of the fees.

What executors should not approve

Executors must be cautious not to approve: 

• costs arising from disputes between beneficiaries 

• costs caused by avoidable delay 

• costs from chasing executors who were slow to respond 

• costs relating to work outside the scope of probate 

• duplicated work between fee-earners 

• administrative tasks billed at solicitor rates 

If in doubt, executors should question — not rubber stamp. 

How executors can protect themselves

1. Request regular cost updates

Quarterly at a minimum; monthly if the estate is complex. 

2. Ask to see detailed time entries

Executors are entitled to understand what is being charged. 

3. Keep a decision log

A simple record of why costs were approved will protect against later criticism. 

4. Be proactive if costs rise unexpectedly

Executors should challenge sudden increases. 

5. Ask whether certain tasks can be done more efficiently

For example: 

• using junior fee-earners 

• limiting email chains 

• streamlining document requests 

6. Seek independent advice if unsure

Executors can ask another solicitor to review costs before approving them. 

What beneficiaries can do if they are worried about probate costs

Beneficiaries can: 

• request an estate account 

• ask for a breakdown of solicitor's fees 

• challenge the executor's decision to pay costs 

• apply to court if concerns are ignored 

• request a costs assessment if appropriate 

A beneficiary cannot challenge the solicitor directly —
but they can challenge the executor's handling of the fees. 

How QLAW can help

We advise: 

• executors unsure whether fees are reasonable 

• beneficiaries concerned about high solicitor bills 

• co-executors in disagreement over costs 

• estates facing SCCO assessment 

• solicitors needing clarity on probate billing 

• families involved in complex executorship disputes 

We combine legal expertise with deep experience of the real-world pressures executors face. 

Final thought

Approving solicitor fees is not an administrative tick-box.
It's an act of stewardship. 

Executors stand at the centre of trust, responsibility, and financial fairness.
By supervising costs carefully, they protect both the estate — and themselves. 

 

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