Can an executor refuse to act in New Brunswick?

This answer covers the law of New Brunswick.

Yes, a person named as executor can generally renounce, which means giving up the role formally. If you renounce probate, all your rights in respect of the executorship wholly cease, and representation passes as if you had not been named. Renunciation is made by filing a renunciation in Form 2AA or 2BB and an affidavit of execution with the clerk.

If a named executor fails to bring in the will, an interested person may seek a citation requiring the executor to accept or refuse probate, and no such citation issues until seven days after the death. Where the executor refuses on citation to prove the will, administration may be granted to the spouse, next-of-kin, or the next-of-kin's spouse as the Court considers proper, and a trust company may also be appointed.

Because renouncing ends your rights as executor, it is worth deciding before you take steps on the estate. Whether an executor who has already begun acting can still renounce depends on the facts and is worth confirming with a lawyer before you do anything more. Where the named executor is not the applicant, the Court's checklist requires an affidavit explaining why, plus a death or incapacity certificate and any needed renunciations.