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Can the executor charge a fee?

Yes. Executor compensation is permitted, commonly calculated as a percentage of receipts and disbursements plus a care-and-management fee, subject to court review.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Yes. Executor compensation is permitted, commonly calculated as a percentage of receipts and disbursements plus a care-and-management fee, subject to court review.

The Canadian position

A will can fix the amount, which avoids a later argument. Otherwise the court assesses reasonableness on a passing of accounts.

The Islamic position

Scholars generally permit a wasi reasonable compensation for genuine work, particularly where the role is onerous. Taking more than is fair breaches the trust.

Researched — the schools differ

Two things are agreed and one is disputed. Agreed: if the testator or the judge fixed the wasi a fee, he may take it, rich or poor; and a wealthy wasi for whom nothing was fixed takes nothing, on the words of Surah an-Nisa 4:6, “whoever is well off, let him abstain”. The dispute is over a wasi who was given no fee and simply does the work. The Hanbali and Maliki schools allow a wage for the work, treating him as an agent, and in the Maliki school the judge must fix one on request in proportion to his labour. The Shafi’i school lets an outsider take exactly the wage his work was worth and makes him liable for a penny more, even if he needed it. The Hanafi school’s sound view is that a wasi named by the deceased gets no fee at all — only a judge-appointed one does.

All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — May the wasi be paid out of the estate?.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Islamic primary sources
  1. Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
  2. Sahih Muslim, Book of Wills — Sunnah.com
Canadian legislation & government
  1. Administering estates — Government of Ontario
  2. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Care and management fee executor compensation ontario — Treadstone Law
  2. Executor bond amount how calculated ontario — Treadstone Law
  3. Court assessment officer review estate accounts ontario — Treadstone Law
  4. Compensation objection during passing of accounts ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law