Published
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. 43, 44) and the court decisions cited below checked that day.
Yes. A beneficiary can be the executor, and in most family wills the executor is a spouse or child who also inherits.
Watch for: a beneficiary who also witnessed the will; an executor who wants to challenge the will; an executor who is owed money by the estate.
The duty: as executor, you act for all the beneficiaries, not just yourself.
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.
Yes. In BC a beneficiary can be named as the executor of a will, and that is the usual arrangement: a parent names a spouse or one of the children, who also inherits. Being a beneficiary doesn’t disqualify anyone. But a few situations need care. A gift to someone who witnessed the will is void unless there were two other witnesses who weren’t beneficiaries, though the witness can still act as executor and the court can save the gift. An executor who wants to bring their own claim against the estate, such as a wills variation claim, has a conflict of interest that can disqualify them. And an executor who is also a beneficiary must still administer the estate for everyone, keeping accounts and treating all beneficiaries fairly.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for executors who are also beneficiaries, and for beneficiaries with concerns about them; this guide is by Pardeep S. Grewal.
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Where problems arise
| Situation | What the law says |
|---|---|
| The beneficiary witnessed the will | The gift to them (or their spouse) is void unless two other non-beneficiary witnesses signed, but the court can declare it valid if the will-maker intended it (WESA s. 43). The witness can still act as executor. |
| The executor wants to vary the will | Their duties and personal interests clearly conflict; this can disqualify them (Re Rawji Estate, 2023 BCSC 1652) |
| The executor is owed money by the estate | A claim against the estate can create a disqualifying conflict (Re Virdi Estate, 2025 BCSC 689) |
| Part of the estate isn’t given away by the will | The executor doesn’t keep it; it goes to the intestate successors (WESA s. 44) |
A mere potential conflict isn’t always enough to override the will-maker’s choice, where the beneficiaries’ interests aren’t shown to be in danger (Re Bringeland Estate, 2024 BCSC 1546).
Your duties when you’re both
- Act for all beneficiaries, not in your own interest.
- Keep the estate’s money separate and keep accounts: see executor accounts.
- Don’t take your share early, or take estate property at a price you set yourself, without the other beneficiaries’ informed consent or a court order.
- Executor pay is a separate question: see executor fees in BC.
If you’re a beneficiary concerned about the executor
Ask for information and accounts in writing. If there is a real conflict, or the executor isn’t administering the estate, the court can pass over or remove them. See removing an executor and executor taking too long.
Mistakes I have seen
- An executor-child living in the parent’s house for years without agreement from the other beneficiaries.
- An executor planning a wills variation claim while also applying for probate.
- A family friend who witnessed the will and was also left a gift, with no one checking s. 43.
Frequently asked questions
Can the sole beneficiary also be the sole executor?
Yes. They still need to pay debts and taxes and give the required notices before taking the estate.
Can a witness to the will be the executor?
Yes. A witness can act as executor even if a gift to them is void under s. 43.
Is it unfair for one child to be executor?
Not in itself. The executor’s job is administrative, and their share is set by the will, not by being executor.
What should I do right now?
Check who witnessed the will, note any claim you have against the estate, and get advice before applying if either applies.
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Sources
- Wills, Estates and Succession Act (ss. 43, 44), BC Laws
- Re Rawji Estate, 2023 BCSC 1652; Re Bringeland Estate, 2024 BCSC 1546; Re Virdi Estate, 2025 BCSC 689, as discussed in CLE BC, Probate and Estate Administration Practice Manual, §§1.59, 5.68, 11.33
This article is general information about BC law, not legal advice for your situation.