Can Co-Executors Disagree in British Columbia and What Happens Then?

This answer covers the law of British Columbia.

Co-executors who disagree cannot simply override each other when it comes to land, because a disposition of land by only one or some of several joint personal representatives is not valid without court approval, though executors who obtained probate may dispose of land where co-executors renounced or did not join the application. Other decisions depend on what the will says and the circumstances, so read it closely.

If you are stuck, an executor may petition the court for its opinion, advice or direction on a question about managing the estate, without starting any other proceeding. Anyone interested in the estate may also apply to remove or pass over a personal representative, but only on listed grounds, such as being unable or unwilling to carry out duties to the point of hampering administration.

A co-executor who simply refuses to take part is a different situation. Any interested person may require a named executor who has not applied for probate to accept or renounce. If a personal representative dies, a person may apply to be substituted by filing the death certificate, an affidavit and an affidavit of delivery. The right route depends on the will and the facts, so confirm it with a lawyer.