Charging Clause in a Will UK: Professional Executor Fees Explained

Updated 31 May 2026 · 8 min read · Wills & Executors

Without a charging clause, even a professional solicitor named as executor in your will is entitled to nothing beyond out-of-pocket expenses. Every will that appoints a professional firm or individual in a professional capacity needs an express charging clause — or the executor works for free.

The No-Profit Rule and Why It Matters

Equity has long required that trustees and personal representatives act in the interests of beneficiaries rather than themselves. The no-profit rule — a core principle of fiduciary law — means that a person in a position of trust cannot profit from that position without the informed consent of the beneficiaries. Applied to executors and trustees, this means a professional who is appointed as executor cannot charge for their professional time simply because they happen to be a solicitor, accountant, or financial adviser.

Without a charging clause, a professional executor may only recover:

• Disbursements paid on behalf of the estate (court fees, land registry fees, valuations)
• Travel and accommodation costs incurred in estate administration
• Postage, printing, and other minor out-of-pocket expenses

The professional’s own time — writing letters, preparing accounts, dealing with HMRC, obtaining probate — goes unremunerated. This is why virtually every professionally drafted will that appoints a solicitor firm or professional body as executor includes a charging clause.

What a Charging Clause Does

A charging clause is a provision in the will that expressly overrides the no-profit rule and authorises the named professional to charge fees for estate administration and trust management. It creates a contractual entitlement, binding on the estate and the beneficiaries, to recover professional fees.

A well-drafted clause will typically authorise:

• Charges at the professional’s normal hourly rates or scale fees at the time of billing
• Recovery of fees from estate capital as well as income during administration
• Charges for all work done in connection with the administration, including legal, accountancy, and investment management services
• Recovery by the professional’s firm or its successors, partners, and employees

Without authorising recovery from capital as well as income, a professional executor could be in difficulty where an estate produces little income during administration — particularly where the main asset is a property or shares that must be sold before the estate is wound up.

Section 29 Trustee Act 2000: The Statutory Fallback

Section 29 of the Trustee Act 2000 provides a limited statutory right to reasonable remuneration for professional trustees (and trust corporations) where there is no charging clause. The right applies only where all co-trustees agree in writing — so it cannot be used by a sole professional trustee acting alone.

Importantly, section 29 applies to trustees of an ongoing trust, not to personal representatives during the estate administration phase. A professional executor who has obtained a grant of probate and is administering the estate before any will trust has come into effect cannot rely on section 29 to charge for that probate work.

Section 29 is a useful fallback when a will trust is created without an express charging clause and a professional is later appointed as trustee — but it is no substitute for a properly drafted clause.

The Law Society Guidance

The Law Society has published practice guidance on the remuneration of solicitor-executors and trustees, including model language for a charging clause. Key points from the guidance:

• The clause should expressly state the capacity in which the solicitor is acting — as a named individual, as a partner of a named firm, or as a trust corporation — since a generic clause may be ambiguous if the firm has merged or the individual has moved
• Where a sole practitioner is named, the clause should address what happens if the practice is taken over or the solicitor retires
• Testators should be given a realistic estimate of fees at the time the will is made and advised that fees will be reviewed at the time of administration
• The SRA Transparency Rules (effective 6 December 2018) require firms to publish their probate prices for specified types of estate, making fee comparison easier for beneficiaries

Where a solicitor drafts a will that appoints their own firm as executor, the SRA Code of Conduct requires the solicitor to act in the client’s best interests and to explain the implications of appointing a professional executor, including the costs. The client must give informed consent.

DIY Wills and Professional Executors

Most lay executors — spouses, children, close friends — do not need a charging clause because they are not acting in a professional capacity. They may instruct a solicitor to help with probate, and the solicitor’s fees will be a legitimate estate expense payable before distribution.

If you are writing your own will and appointing a family member or friend as executor, you do not need a charging clause. If you are appointing a professional firm as executor — which is unusual in a DIY will but not unknown — you should include a clear charging clause and ideally obtain an estimate of likely fees to discuss with the firm before the will is finalised.

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