What to Do When a Client Asks You to Be Their Executor?

Unless your firm is set up to offer repeat executorial services as part of your business model, it is rare that the fees that can be charged are adequate enough to make this a profitable service for your firm, especially factoring in the increased risks you accept by taking on the role.

Here are the questions to ask when considering whether you should accept the appointment as a client’s executor.

Does your firm have the following in place?

1. Workflows, risk management checklists, and policies and procedures for executorial work;
2. Experienced staff members who can take on the bulk of the non-legal responsibilities;
3. Professional indemnity insurance cover for this work;
4. An appropriate cost agreement outlining the costs for the legal and non-legal executorial work; and
5. A business plan modelling the projected revenue from accepting the role as executor.

When a client asks you to be their executor, it is perfectly acceptable to say no.

Risks of Serving as Your Client’s Executor

Acting as someone’s executor is an immense honour. However, it is not without risk especially where your relationship with the testator does not go beyond the professional client/lawyer relationship. Here are the top 6 reasons why you should think twice before accepting the appointment as a client’s executor:

1. High Volume of Claims Against Executors
Lawcover, the insurer providing mandatory Professional Indemnity Insurance (PII) to many legal practitioners in Australia, reported in its 2025 Annual Review that "Wills and Estates" accounts for 9% of all claims.

This high volume of claims demonstrates a significant exposure for executors regarding misconduct complaints from disgruntled beneficiaries.

2. Workflow Cannot be Systematised or Automated
The executor's role is incredibly unpredictable.

Depending on the assets and the deceased’s level of organisation, you might find yourself organising a funeral or tracking down estranged relatives. You will constantly find yourself having to work things out "on the fly."

Acting as an executor goes against the core principle of systematising and automating your estate planning workflow to maximise profitability while reducing stress and risk.

3. It Is Not Your Role
In estate planning, clients often come to us during major life transitions.

Many in our profession are naturally caring and feel deep empathy for our clients. When a client is struggling to find an executor, it is easy to think, "Maybe I could just step in and sort it out."

However, it is not your job to solve this specific problem. They can always engage professional services if necessary. If you are not specifically set up for it, acting as an executor will likely cause more harm than good.

4. Executor’s Fees
As of early 2026, Australian Unity (a professional service that acts as an executor) charges a capital fee based on the gross value of the estate's assets:
• First $2 million: 3.3%
• Next $3 million: 2.2%
• $5 million and above: 1.1%

For a $2 million estate, that fee is $66,000.

Most estate planning lawyers considering acting in the executor role are not quoting or charging anywhere near that amount. Professional services charge these rates because they are factoring in the actual risk, not just the time spent on administration.

If you choose to be an executor, there are strict rules regarding what must be charged at a non-professional rate versus a professional rate. You cannot charge professional legal rates for administrative tasks like cleaning out the fridge, readying a property for sale, cancelling utilities or opening bank accounts.

Taking on the role only makes sense if you have a solid non-legal support team to handle the legwork.

If you are a sole practitioner, why would you take on non-professional work at the cost of doing the legal work you love and can charge professional fees for?

5. Personal Liability for Tax Debts
Executors can be held personally liable for a deceased person's tax debts.

If you accepted the role years ago when the will was drafted but have not kept up with the client’s financial circumstances, you are walking into a major personal risk. Is it really worth exposing your family home and personal assets to this risk?

6. Challenges for Sole Practitioners
For the many sole practitioners, consider the succession issues:
• Where will you be in 10 years?
• What if the client outlives your career?
• What if you take a paternal leave, a sabbatical, or change careers?

If you are a sole or boutique firm owner accepting the role from a sense of duty or pity, I encourage you to think deeply about whether you will remain in a position to accept the role before committing.

“Why Did I Do This?"

Acting as your client’s executor is like planning a crazy Saturday night out, only to have the day arrive and realise you would much rather stay in bed in your pyjamas, feeling like you simply cannot be bothered.

Unlike a social plan, you are professionally obligated. It becomes the file on your desk that lingers for years, and you eventually realise you are not making enough money to justify the effort. You will inevitably ask yourself, "Why did I do this?"

Strategies to Counter the Risks

If you have considered the risks fully and still believe it makes good business sense for you to act as your clients’ executor, here are some strategies to manage the risk and set you up for success in the role:

1. Have an Airtight Business Plan
If you intend to expand into acting these types of services, it is important to create a detailed business plan first.

Consider the following:

• What profit margin do you want to earn on the work, and how does this align with the professional charging rules?
• What if your client outlives your legal career? How will you address potential succession issues?
• What will be the delegation of responsibilities across team members?
• What workflows, risk management checklists, and policies and procedures do you need to create?
• Can you outsource to any third-party executorial services?
• Does your insurance policy provide the appropriate cover?

2. Polish Your Cost Agreement
Cost agreements and client consents are vital for protecting your professional fees when acting as an executor.

Your cost agreement for executorial services must meet your State-based professional responsibility regarding disclosure and compliance.

For clarity, this is not to be confused with the cost agreement and disclosures for preparing the estate planning documents, but is a separate costs disclosure required as part of your communication to the client about their options for choosing an executor, which will then apply once your engagement as the executor takes effect.

You also need to consider transparency, for example, what will the costs be if a disgruntled beneficiary challenges the estate?

3. Stress Test Your Pricing Model
A good starting point for considering your pricing is to consider what the professional executor and trustee services would charge.

It is common for a client to ask you to take on the role because they do not want to incur the high fees of a professional service. It is critical to evaluate your proposed rate against the volume of work, navigating both professional and non-professional fee schedules.

Ask yourself whether your proposed rates truly provide fair remuneration for your expertise, factoring in that serving as an executor is an incredibly time-intensive and risky undertaking that takes your attention away from your core services.