Can a Judge Remove an Executor in British Columbia?

This answer covers the law of British Columbia.

Yes, the BC Supreme Court can remove a personal representative, which includes an executor, but only on grounds the law lists. Any person with an interest in the estate may apply to remove or pass over a personal representative.

Subject to the will, the court may act on grounds such as refusing to act without renouncing, incapacity, purporting to resign, a conviction for an offence involving dishonesty, undischarged bankruptcy, a Patients Property Act order, or being unable or unwilling to carry out duties to the point of hampering administration. A creditor may apply on the dishonesty or bankruptcy grounds only if their claim exceeds a prescribed amount. Delay or poor communication alone may or may not meet those grounds, depending on the facts.

The application is made under Rule 25-14(1)(d) and must be personally served. If the court removes the representative, it must appoint a consenting substitute unless administration is complete or a new appointment is unnecessary. Within 30 days of a substitution order, the former representative must hand over the estate property and records. Removal does not remove the person as a trustee. A lawyer can help you judge whether your concerns meet the grounds.