Executor disputes · British Columbia
Problems with an executor? Executor dispute lawyers in Abbotsford, Surrey and Vancouver
If an executor is delaying, keeping beneficiaries in the dark, mismanaging the estate or putting their own interests first, BC law gives beneficiaries ways to act. You can demand information and accounts, require the executor to apply for probate, or ask the court to remove and replace them. We act for beneficiaries and for executors facing these claims.
- Executors who will not apply for probate
- Accounts and information for beneficiaries
- Removing and replacing an executor
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Worried estate assets are at risk? If property is being sold, spent or moved without proper authority, the court can make urgent orders to protect the estate. Get advice quickly.
An executor, or an administrator when there is no will, must:
- Apply for the grant, then collect and protect the estate’s assets
- Pay valid debts, taxes and expenses before distributing
- Keep proper records and account to the beneficiaries
- Avoid conflicts of interest and not favour themselves or any beneficiary
Under section 155, the executor generally must wait 210 days after the grant before distributing, unless the beneficiaries and everyone who could bring a wills variation claim consent, or the court orders otherwise.
Removal is a court application. Courts do not remove executors lightly, but they will where it is needed to protect the estate:
- Gather evidence of the problem: delay, missing information, conflicts or how assets were handled
- Ask in writing for information and accounts first
- Apply to the Supreme Court under section 158, with affidavit evidence
Many disputes end with the executor agreeing to step aside, provide accounts or accept a co-executor, without a full hearing.
- Review the will and the estateWe review the will, the grant and what you know about how the estate is being handled.
- Request informationWe write to the executor asking for information and accounts, which often resolves the problem.
- Negotiate or mediateWe work toward an agreed solution, such as accounts, a timeline or a replacement executor.
- Court application if neededIf needed, we apply to the Supreme Court of British Columbia for accounts, a citation order or removal.
Executor dispute questions
There is no fixed deadline. The law gives an executor a year from the death (the “executor’s year”) to gather the assets, though many estates take longer. Long, unexplained delay can support a court application.
Yes, and it is common. They must still act fairly for all the beneficiaries and cannot favour themselves.
Once they have the grant, an executor generally has authority to sell estate property, but they must act in the beneficiaries’ interests and get fair value. Different rules apply when there is no will and a spouse has rights to the family home.
Yes. Beneficiaries are entitled to information about the estate and to an accounting. If the executor refuses, the court can order the accounts passed.
Unless the will says otherwise, the Trustee Act allows up to 5% of the estate’s gross value and 5% of income, plus a yearly 0.4% management fee. These are upper limits, and beneficiaries can ask the court to review the amount.
Official sources: Wills, Estates and Succession Act, sections 142, 155 and 158Supreme Court Civil Rules, Part 25 (Rules 25-11 and 25-13)
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Executor disputes help in Abbotsford, Surrey and Vancouver
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Problems with an executor?
Book a consultation and we will explain your options, from a letter requesting accounts to a court application.