Published
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 12, 2026: the Wills, Estates and Succession Act (ss. 155, 158) and the court decisions cited below checked that day.
Allowed, but with duties. An executor can also be a beneficiary, but must act for everyone and avoid conflicts.
In a wills variation claim, the executor must stay neutral, and the estate can’t be paid out while the claim is pending.
Removal needs clear evidence that their conduct is putting the estate at risk.
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.
It’s common for a parent to name one child as executor and leave that child most or all of the estate. That’s allowed: an executor can also be a beneficiary. But it puts that sibling in two roles, with different rules. As executor, they’re a fiduciary who must not act in a conflict of interest or profit from the position, and must account to everyone with an interest. If you bring a wills variation claim, the executor must take a neutral role in it, the estate can’t be distributed without a court order while it’s pending, and their costs of fighting the claim as a beneficiary are treated separately from their costs as executor. Removing an executor is possible, but courts respect the will-maker’s choice and need clear evidence that the executor’s conduct endangers the estate. Often the most effective step is the claim itself.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for siblings bringing wills variation claims where the executor is the main beneficiary, and for executors in that position; this guide is by Sundeep S. Grewal.
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Two roles, two sets of rules
| As executor | As beneficiary | |
|---|---|---|
| Duty | Fiduciary: no conflict, no profit (Louie v. Louie, 2015 BCCA 247) | Can defend their gift |
| In a wills variation claim | Must be a party, and take a neutral role | Can oppose the claim |
| Legal costs | Generally paid from the estate | Kept separate from executor costs |
What happens in a claim
- The estate can’t be distributed to beneficiaries without a court order while the claim is pending (WESA s. 155).
- Costs of the person as executor and as beneficiary must be separated (Wilcox v. Wilcox, 2002 BCCA 574).
- Where an executor who was the sole beneficiary behaved reprehensibly in opposing a claim, the court awarded special costs against them (Wilson v. Lougheed Estate, 2012 BCSC 1166).
Can I have my sibling removed?
Under WESA s. 158 the court can remove an executor, or pass them over before a grant. Courts don’t lightly override the will-maker’s choice and need clear evidence that the executor’s acts or omissions endanger the estate (Gawdun v. Lord, 2020 BCSC 266). Executors have been removed where their personal interests conflicted with their duties and estate assets were put at risk. But beneficiaries can’t create a disqualifying conflict simply by suing the executor (Burke v. Moreau Estate, 2019 BCSC 383). See removing an executor.
If assets went into joint names with your sibling
A parent’s transfer of a home or account into joint names with an adult child is generally presumed to be held for the estate unless a gift is proved. See assets moved into joint names.
Asking for accounts
Every executor must account to the beneficiaries. See executor accounts.
Mistakes I have seen
- Focusing on removing the executor instead of filing the wills variation claim on time.
- Assuming the executor can pay themselves out while a claim is pending.
- Not asking about accounts and assets held in joint names.
Frequently asked questions
Can my sibling use estate money to fight my claim?
Their costs as executor generally come from the estate, but costs of defending their own gift as beneficiary are treated separately.
My sibling won’t tell me anything. What can I do?
Beneficiaries are entitled to information and accounts, and a court can order them.
Can I afford to bring a claim?
We take suitable wills variation claims and will challenges on contingency, so you don’t need savings to bring one.
What should I do right now?
Note the grant date, ask for a list of the estate’s assets, and find out what passed outside the will.
We take suitable wills variation claims and will challenges on contingency, so you don’t need savings to bring one. See how to pay for a will challenge.
Book a consultation with our estate litigation lawyers in Surrey, Abbotsford or Vancouver. See also a parent who left everything to one child.
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Sources
- Wills, Estates and Succession Act (ss. 155, 158), BC Laws
- Louie v. Louie, 2015 BCCA 247; Wilcox v. Wilcox, 2002 BCCA 574; Wilson v. Lougheed Estate, 2012 BCSC 1166; Gawdun v. Lord, 2020 BCSC 266; Burke v. Moreau Estate, 2019 BCSC 383, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§6.5, 10.36, 17.4, 17.10, 17.12, 17.13, 17.14
This article is general information about BC law, not legal advice for your situation.