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Liquidator fees


The Civil code mentioned that a Liquidator of an Estate is entitled to receive fees for his services. But…the Code does not mentioned any amount or percentage. In 2006, a judgement by the Superior Court has admitted a fee of 5% to the professional Liquidator (an accountant in this case).


The Appeal Court has agreed that the Agent for the Liquidator (not professional) would be entitled to 3% fees.
 
 
But what is the reality? These two judgements made jurisprudence but no one should take it as granted. If a Will does not mentioned the fees for the Liquidator, an agreement shall take place between the beneficiaries and the Liquidator. If no agreement is reached, the Liquidator will have not choice but to go to Court.
 
All Testators should signed a fee agreement with the Liquidator named. This would save fights, Court case, legal fees etc.

As for myself, I always have a fee agreement signed when the testator name me as Liquidator.