When someone makes a will in British Columbia, they name an executor to manage their estate after death. The executor is responsible for handling assets, paying debts, and distributing the estate to beneficiaries. But what happens when that person refuses to act? If you are dealing with an executor who refuses to act in BC, here is what the law allows and what you can do next.
Can an Executor Refuse to Act?
Yes. In British Columbia, no one can be forced to act as an executor. A person named in a will can refuse the role by filing a Notice of Renunciation (Form P17), which is filed with the probate application.
However, if the executor has already started managing the estate, such as paying debts, selling property, or moving money, this is called intermeddling. In such cases, they may need a court order to step down.
Who Takes Over When an Executor Renounces?
First of all, you should check the will because it may contain the names of alternative executors. However, if there is no alternative executor mentioned, or they decline to proceed, then an eligible person can apply to administer the estate. Under BC’s Wills, Estates and Succession Act (WESA), certain beneficiaries may have priority. The will still decides who inherits. Only the person managing the estate changes.
What If the Executor Will Not Act but Will Not Step Down?
This is the most frustrating situation. The executor does not renounce, does not apply for probate, and stops responding. BC law gives beneficiaries two main tools:
1. Serve a Citation
Anyone with an interest in the estate can serve the executor with a citation (Form P32). It requires them to respond within 14 days, either confirming they will apply for probate or formally refusing. If they don’t respond, refuse, or fail to obtain a grant within six months, they are treated as having renounced. Someone else can then apply.
A citation is usually the fastest and least expensive option because it does not require a court hearing.
2. Apply to Remove the Executor
A citation only works before probate is granted. If the executor already has the grant and still refuses to act, beneficiaries can ask the BC Supreme Court to remove them under section 158 of WESA. If probate has not been granted yet, the court can also pass over the executor under the same section.
The court can remove or pass over an executor who is unresponsive, unwilling, or unable to do the job and is delaying the estate. Courts respect the deceased’s choice of executor, so you need clear evidence that the delay is harming the estate. Family conflict alone is not enough.
Why Are Executor Delays Costly?
Delays in managing an estate can lead to extra costs, including property taxes, insurance, and mortgage payments. A vacant home may also lose its insurance coverage. Late tax filings can result in penalties. Getting legal advice early can help reduce these costs and avoid further problems.
Speak With a BC Estate Lawyer
If an executor is delaying the estate or you have been named as an executor but do not want the responsibility, CityLaw Group can help. Our estate litigation lawyers in Surrey work with clients across BC to find the right solution, whether it involves stepping down as an executor, applying for probate, or removing an executor who is not doing their job. Contact CityLaw Group today for a free consultation and find out the best solution for you.
