Remuneration of executors and administrators

(1) Every executor and administrator shall, in respect of his administration, distribution and final settlement of any estate, be entitled to claim and receive out of the assets of the estate, or 48 Administration of Estates Act from anyone who, as legatee, devisee or creditor, is entitled on administration to the whole or any portion of the estate, any remuneration fixed by the will of the deceased or, in case no such remuneration is fixed or the deceased dies intestate, by the Registrar not exceeding the rates following– (a) where the total value of the property does not exceed ten thousand dollars, five per centum on the amount of all receipts; and (b) where the total value of the property exceeds ten thousand dollars, five per centum on ten thousand dollars and three per centum on the amount of all receipts over and above ten thousand dollars, provided that where any plantation, farm, business or undertaking is carried on or is being administered, the remuneration shall not be payable on the gross receipts but shall be that determined and fixed by the Registrar according to the circumstances of each particular case. (2) The amount assessed by the Registrar as the remuneration of an executor or administrator shall be subject to review by the court upon the application of the executor or administrator or of any person having an interest in the estate. (3) If any executor or administrator fails to administer any estate with due diligence or fidelity, or to file or render the account of his administration and distribution of the estate in due course of law, and has no lawful and sufficient excuse for his failure, the Registrar may disallow the whole or any portion of the remuneration which he might otherwise have been entitled to receive in respect of his administration of the estate, subject, however, to review by the court. (4) For the purposes of this section, the term “receipts” includes rent, interest and book debts, but does not include money in the hands of the deceased at the time of his death, the Administration of Estates Act 49 proceeds of the sale of effects and realisation of investments, and the like, and the remuneration assessed on the amount of such money, proceeds of sale and realisation of investments, and the like, shall not exceed one-half the rates allowed in sub- section (1) (a) and (b).