80Charging of commission

80 Charging of commission

(1)  A practitioner must not charge both profit costs and commission in relation to the same work carried out for or on behalf of a client if that practitioner is also –

(a) a trustee and an executor; or

(b) a trustee; or

(c) an executor.

(2)  A practitioner must not accept or charge any commission for the execution of a trust unless –

(a) the instrument creating the trust provides otherwise; or

(b) every beneficiary under the trust who may be affected by the charging of commission has given –

(i) written consent, if the beneficiary is of full legal capacity; or

(ii) the written consent of a parent or guardian, if the beneficiary is not of full legal capacity; or

(c) an order of the Supreme Court has been made authorizing the charging of commission.

(3)  A practitioner must not cause or permit a person to execute a will or settlement unless that person, before executing the will or settlement, has signed a statement showing the rate or identifying the scale of commission to be charged in addition to legal professional charges if –

(a) the practitioner or a principal or an employee of that practitioner's firm is appointed under the will or settlement as –

(i) an executor; or

(ii) a trustee; or

(iii) an executor and a trustee; and

(b) the practitioner, principal or employee is entitled to a trustee's commission.