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. 128, 138, 139) checked that day.
Can a non-resident be executor? Yes. An executor doesn’t need to live in BC to apply for probate here.
Grant from elsewhere? A grant from another province or territory, a US state, a Commonwealth country or Hong Kong can be resealed in BC (WESA s. 138).
Watch: affidavits signed abroad must be sworn before the right person, and tax rules can change when an executor lives outside Canada.
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.
Families are spread across provinces and countries, so executors often live outside BC. An executor named in a will doesn’t need to live in BC to apply for probate here; the application is done largely on paper, with affidavits sworn wherever the executor is. Where the deceased lived elsewhere and a grant was already issued there, it may be possible to reseal that grant in BC instead of starting again. Resealing is available for grants from other Canadian provinces and territories, US states, Commonwealth countries and Hong Kong. Grants from other countries need an ancillary grant or an application by the foreign executor’s attorney. Two practical points matter most: affidavits signed outside BC must be sworn before someone the Evidence Act recognizes, and an executor living outside Canada should get tax advice, because where the executor lives can affect how the estate is taxed.
Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for executors in other provinces and abroad who need a BC grant; this guide is by Pardeep S. Grewal.
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Which situation applies
| Situation | Usual route |
|---|---|
| Deceased lived in BC; executor lives elsewhere | A normal BC probate application by the executor |
| Deceased lived in another province, US state, Commonwealth country or Hong Kong, with a grant there, and left BC assets | Reseal the foreign grant in BC (WESA s. 138(1)) |
| Deceased lived in a country whose grants can’t be resealed | Ancillary grant to the foreign personal representative (s. 138(4)), or a grant to their attorney (s. 139) |
Executors who live outside BC
- Eligibility: an executor need not reside in BC to apply. For a court-appointed administrator, residence outside BC may be a factor the court considers.
- Security: WESA doesn’t generally require an administrator to post security, except where a minor or a mentally incapable person without a nominee is interested, or the court orders it (s. 128).
- Signing documents: affidavits sworn outside BC must comply with s. 63 of the Evidence Act, for example before a notary public of that place who affixes a seal. Sometimes a Canadian consular officer is used.
- Dealing with BC land: a non-resident personal representative can give a power of attorney under s. 55 of the Land Title Act to someone in BC to deal with estate land, unless the will or court order prohibits it.
Resealing a grant from elsewhere
A grant from another province or territory, a US state, any Commonwealth country, or Hong Kong can be resealed in BC (WESA s. 138(1) and the Wills, Estates and Succession Regulation, s. 3). The applicant gives 21 days’ notice, like a normal application, and for a deceased not ordinarily resident in BC, only BC assets need be disclosed (s. 138(2)). Some small estates and some share transfers can avoid resealing altogether.
Tax points
- Where a testamentary trust is resident for tax purposes can depend on its trustees, so a non-resident executor may change how the estate is taxed. Get tax advice early.
- If a beneficiary lives outside Canada, the executor may have to withhold tax on income paid to them and is personally liable if they don’t. See the final tax return and clearance certificate.
Mistakes I have seen
- Affidavits signed abroad before someone who doesn’t qualify under the Evidence Act, so the registry rejects them.
- Applying for a fresh BC grant when the existing grant could simply have been resealed.
- A non-resident executor distributing to foreign beneficiaries without dealing with withholding tax.
Frequently asked questions
Can my brother in Ontario be executor of our mother’s BC estate?
Yes. He can apply for probate in BC without moving here.
Do I have to come to BC?
Usually not. Documents can be signed where you are, if sworn before a qualified person.
Can a grant from England or Australia be resealed?
Grants from Commonwealth countries can be resealed. Grants from other countries need an ancillary grant or an attorney application.
What should I do right now?
Work out where the deceased lived and whether a grant already exists there, then list the BC assets.
Book a consultation with our probate lawyers in Surrey, Abbotsford or Vancouver. See also how to apply for probate.
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Sources
- Wills, Estates and Succession Act (ss. 128, 138, 139), BC Laws
- CLE BC, Probate and Estate Administration Practice Manual, §§1.79, 8.1–8.5, 8.8, 10.44, 13.62
This article is general information about BC law, not legal advice for your situation.