When someone passes away, their executor is responsible for managing the estate, paying debts, protecting assets, and distributing what’s left to the beneficiaries according to the will. An executor dispute arises when that person fails to carry out those duties properly, acts in their own interest, or refuses to act at all. Because executors hold a position of significant trust, beneficiaries have the right to challenge an executor who isn’t meeting their legal obligations.
At CityLaw Group, our estate litigation lawyers in Surrey, BC help beneficiaries, co-executors, and other interested parties resolve executor disputes, whether that means compelling an executor to act, holding them accountable for mismanagement, or applying to have them removed.
What Does an Executor Do?
An executor (sometimes called a personal representative) is legally responsible for administering the estate. Their core duties include locating and protecting the deceased’s assets, paying valid debts and taxes, keeping proper accounts, acting impartially toward all beneficiaries, and distributing the estate according to the will and BC law.
Common Causes of Executor Disputes
Disputes between executors and beneficiaries commonly arise over:
- Mismanagement of estate assets — failing to protect, insure, or properly handle estate property, or making poor decisions that reduce the estate’s value.
- Failure to follow the will — distributing assets in a way that doesn’t match the deceased’s instructions.
- Unreasonable delay — taking far longer than necessary to administer the estate without good reason.
- Self-dealing or conflict of interest — using estate assets for personal benefit, or favouring one beneficiary (often themselves) over others.
- Breach of fiduciary duty — any failure to act honestly and in the estate’s best interests.
- Refusing to provide information — withholding accounts or refusing to keep beneficiaries reasonably informed.
- Failing or refusing to act — an executor who simply will not move the administration forward.
Can an Executor Be Removed in BC?
Yes. Under BC’s Wills, Estates and Succession Act and the Trustee Act, the court can remove an executor who is unwilling or unable to act, or who has breached their duties.
What Beneficiaries Can Do?
If you believe an executor is mishandling an estate, you have options. These can include formally requesting an accounting of the executor’s actions, applying to the court to compel the executor to fulfill their duties, seeking compensation for losses the estate has suffered, or applying to have the executor removed and replaced. Acting early matters because the longer mismanagement continues, the harder it can be to recover estate assets.
How CityLaw Can Help?
With over 16 years of experience in estate litigation across British Columbia, CityLaw helps you understand your rights, resolve disputes through negotiation where possible, and pursue court action when an executor’s conduct leaves no other option. Contact CityLaw Group today to speak with an experienced executor disputes lawyer in Surrey, BC.
