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Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 104, 107, 143, 158, 159, 162) and the Trustee Act (s. 86) checked that day.
An executor who doesn’t want to act can renounce, if they haven’t started dealing with the estate. Or the others can apply and reserve their right to apply later.
An executor who won’t act or renounce can be passed over or removed by the court (WESA s. 158).
Co-executors who can’t agree can ask the court for directions, or seek removal if the deadlock “hampers the efficient administration of the estate”.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
Wills often name two or three children as co-executors, and that can stall an estate when they don’t get along, or when one of them simply won’t do anything. BC law has several tools. A named executor who doesn’t want the job can renounce, as long as they haven’t already started dealing with the estate. If one executor won’t join in, the others can apply for probate and reserve that person’s right to apply later. If an executor won’t act and won’t renounce, or co-executors are so deadlocked that the estate can’t be administered, any person with an interest can ask the court to pass over or remove them under section 158 of WESA, and the court can appoint a substitute. For a specific disagreement, the executors can ask the court for directions.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for executors and beneficiaries in executor disputes; this guide is by Sundeep S. Grewal.
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Your options, by situation
| Situation | Tool |
|---|---|
| A named executor doesn’t want to act and hasn’t started | Renunciation, Form P17 (WESA s. 104): see renouncing as executor |
| One co-executor won’t join the probate application | The others apply, reserving that executor’s right to apply later; the non-joining executor isn’t liable for assets that come into the applicants’ hands (s. 107) |
| An executor won’t act and won’t renounce | Application to pass over or remove them (s. 158(3)(a)) |
| Co-executors disagree on a specific decision | Application for court directions (Trustee Act s. 86, applied by WESA s. 143) |
| Ongoing deadlock or non-response that stalls the estate | Removal under s. 158(3)(f), with a substitute appointed (s. 159) |
Removal under WESA s. 158
A person with an interest in the estate can apply to remove or pass over a personal representative. The grounds listed in s. 158(3) include an executor who:
- “refuses to accept the office of or to act as personal representative without renouncing the office”;
- is incapable of managing their own affairs, or has been convicted of an offence involving dishonesty, or is an undischarged bankrupt; or
- is unable to make the necessary decisions, “not responsive”, or otherwise unwilling or unable to carry out the duties, “to an extent that the conduct of the personal representative hampers the efficient administration of the estate” (WESA s. 158(3)).
When the court removes a personal representative, it must appoint a substitute who consents to act, unless the administration is complete or a new appointment is unnecessary (s. 159). An order removing someone as personal representative doesn’t remove them as a trustee under the will, which is done under the Trustee Act.
Before going to court
- Put the issue in writing to the other executor, with a deadline.
- Offer options: a renunciation, reserving their right to apply, or one executor handling day-to-day steps with the other’s written consent.
- Consider mediation for family disputes.
- Keep beneficiaries informed in writing. Delay affects them too: see executor taking too long.
Mistakes I have seen
- One co-executor acting alone on major steps, such as selling the house, without the other’s agreement.
- An unwilling executor starting to deal with the estate, which can stop them renouncing later.
- Waiting years for a non-responsive co-executor instead of applying under s. 158.
Frequently asked questions
Can one executor act without the other?
Generally co-executors act together. If one won’t join the probate application, the others can apply and reserve that person’s right to apply later. For specific decisions, get advice or court directions.
Can a beneficiary remove an executor?
A beneficiary, as a person with an interest, can apply to the court under s. 158. The court decides.
What if my co-executor is my sibling and we don’t speak?
Many estates proceed with one sibling applying and the other reserving the right to apply, or with communication through lawyers. Removal is a last resort.
What should I do right now?
Write to the other executor proposing one clear path (renounce, reserve, or a shared plan) with a deadline, and keep a record of the responses.
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Related guides: a beneficiary as executor
Sources
- Wills, Estates and Succession Act (ss. 104, 107, 143, 158, 159), BC Laws
- Trustee Act, R.S.B.C. 1996, c. 464, s. 86, BC Laws
- CLE BC, Probate and Estate Administration Practice Manual, §§1.18, 3.72, 9.9
This article is general information about BC law, not legal advice for your situation.