Executor Compensation and Fees (QC)
If the will does not specify how executor compensation should be calculated, the executor must follow provincial compensation rules (see QC calculator below).
In Quebec, an executor is known as a "liquidator".
If liquidator remuneration is not specified by the will, then all the heirs must agree to the amount, or failing that, the court must approve it (see CCQ-1991 § 789).
The Civil Code of Quebec states that a liquidator is entitled to remuneration corresponding to common practice or the value of services rendered (see CCQ-1991 § 1300).
Factors commonly considered in determining an appropriate amount include:
- Size of the estate (and the results obtained)
- Experience and capabilities of the liquidator
- Nature of the work involved (time, effort, difficulty, skills required)
- Compensation customarily charged (in the community for similar services)
- Whether the liquidator shared expected fee structure and amounts with the heirs beforehand
It's common in QC to use a "services-rendered" approach, and bill by the hour, often $45 - $65 per hour for standard succession work. It's also common to set fees as a percentage of the overall succession value (the preferred approach throughout the rest of Canada). If setting fees as a percentage of succession, it's common to charge 3-5% of the assets handled by the liquidator: the larger the succession, the smaller the percentage fee, and the more effort and results, the greater the percentage. See also Spiegel Sohmer Research.
So for example, a liquidator who spent 420 hours settling a $600,000 succession might charge $25,190 if calculating fees by the hour, or $25,500 if calculating fees as a percentage of assets (the calculator below allows you to explore a number of scenarios).
Note: If the liquidator is an heir, then either the will must specify the compensation, or all the heirs must agree ... the court will not set an amount or allow such remuneration otherwise (see CCQ-1991 § 789). However, just because someone is bequeathed something in a will does not make them an official heir: only someone who shares in the residuary estate is considered an heir in this regard (see CCQ-1991 § 619).
QC Compensation Calculator
EstateExec provides the following executor compensation estimator for Quebec successions, but please keep in mind that there are no hard and fast rules for QC successions, and ultimately you and the heirs (or the courts) must determine what would be reasonable for your particular circumstances. By using this estimator, you acknowledge that EstateExec provides any results as informational input only, not as legal advice, and cannot be held responsible for any inaccuracies for, or misunderstandings about, any given succession.
Below EstateExec provides two compensation approaches: you can decide which, if either, is appropriate for you. The first uses a sliding percentage scale based on the total estate gross value (the larger the estate, the smaller the percentage), and is the more common approach throughout Canada; the second simply compensates the executor for the value of his or her time, and may be the more common approach in Quebec. See estimation methodology for details.
See also Compensation for general remarks on executor compensation.