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Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 104, 105, 107, 134, 158, 159) and the Supreme Court Civil Rules (Rule 25-1) checked that day.
You can’t be forced to be an executor, as long as you haven’t started dealing with the estate (“intermeddling”).
How: sign an unconditional renunciation in Form P17. It takes effect when filed, and administration passes as if you had never been appointed (WESA s. 104).
Alternative: let your co-executor apply and reserve your right to apply later.
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.
Being named as executor in a will doesn’t oblige you to take on the job. In BC, an executor can renounce, which means formally give up the right to act, as long as they haven’t already started administering the estate, for example by collecting assets or paying bills. The renunciation is made in Form P17, must be unconditional, and is complete once filed with the probate registry. After that, the executorship ends and the estate is administered as if you had never been named, usually by an alternate executor or a beneficiary. If you are one of several executors and just don’t want to be involved for now, you can instead let the others apply and reserve your right to apply later. If you have already started dealing with the estate, you generally can’t renounce and would need the court’s help to step aside.
Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, prepares renunciations and probate applications for executors; this guide is by Pardeep S. Grewal.
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First: don’t intermeddle
An executor can renounce as soon as the will-maker dies, “so long as the executor has not intermeddled in the estate”, meaning they haven’t begun to deal with its assets and liabilities. Securing the home, arranging the funeral and finding the will are usually treated differently from collecting money, paying debts or selling property, but if you are unsure, get advice before doing anything with estate assets.
How to renounce
- Decide early, before taking any steps with estate assets.
- Sign Form P17 (renunciation of executorship). It must be unconditional (Supreme Court Civil Rules, Rule 25-1(4)).
- File it, usually with the probate application of the person who will act. The renunciation isn’t complete until filed.
- Effect: once filed, the executorship terminates and administration passes as if you had never been appointed, unless the court orders otherwise (WESA s. 104).
A renunciation as executor may not automatically mean you renounce as trustee of any trust in the will; that should be addressed specifically.
Reserving your right instead
Where more than one executor is named, a reluctant executor can let the others apply for probate while reserving their own right to apply later. They must receive notice of the application, and they aren’t liable for estate assets that come into the hands of those who obtain the grant (WESA s. 107). This keeps the door open, for example if circumstances change.
If you’ve already started
An executor who has intermeddled and now wants to stop can apply to be removed and replaced (WESA ss. 158, 159). If everyone agrees before probate, a consent order removing the executor and appointing a substitute can be filed with the probate application.
Special cases
- A minor named as sole executor can’t renounce or apply until age 19; the guardian can apply for administration in the meantime (s. 134).
- Forfeiture: an executor who dies before probate, or fails to take probate when required, can lose the executorship (s. 105).
- Withdrawing a renunciation may need court permission.
Mistakes I have seen
- Paying a few estate bills “to help”, then finding you can no longer renounce.
- Signing a conditional renunciation (“I renounce if my brother acts”), which isn’t valid.
- Renouncing when reserving the right to apply would have kept useful options open.
Frequently asked questions
Can I still inherit if I renounce as executor?
Yes. Renouncing the role doesn’t affect your gift as a beneficiary, unless the will ties the gift to acting as executor.
Who becomes executor if I renounce?
An alternate named in the will, or if none, usually a beneficiary applying for administration with will annexed.
Can I renounce after probate is granted?
Not by a simple renunciation. You’d need the court to remove and replace you.
What should I do right now?
Don’t touch estate assets until you decide. If you don’t want to act, tell the alternate executor or family and arrange to sign Form P17.
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Sources
- Wills, Estates and Succession Act (ss. 104, 105, 107, 134, 158, 159), BC Laws
- Supreme Court Civil Rules, Part 25 (Rule 25-1(4); Form P17), BC Laws
- CLE BC, Probate and Estate Administration Practice Manual, §§1.18, 3.72–3.75
This article is general information about BC law, not legal advice for your situation.