Can an Executor Also Be a Beneficiary in BC, and What Conflicts Arise?
This answer covers the law of British Columbia.
Often yes. Being an executor and a beneficiary at the same time is not unusual, and conflicts are managed through tools that let beneficiaries keep watch. The executor must use their authority to administer and distribute the estate and to account to the people they owe a duty to account to.
Beneficiaries must be given notice of the proposed probate application, along with a copy of the will. That notice must tell them the applicant has to provide an accounting of how the estate was administered and its assets distributed. Accounts must be passed within two years of appointment, and a beneficiary can serve notice requiring annual accounts.
If a conflict becomes a real problem, a person with an interest in the estate can apply to the court to remove or pass over the personal representative. Grounds include being unable, unresponsive or unwilling to act to the extent it hampers administration. An executor can also ask the court for directions. Whether a particular situation is a problem depends on the facts, so a lawyer can confirm.
Key takeaways
- An executor must use their authority to administer and distribute the estate and to account to the people they owe a duty to account to.
- Beneficiaries must receive notice of the proposed probate application, delivered with a copy of the will.
- A person beneficially interested can serve notice requiring annual accounts, and a person interested in the estate can apply to have the accounts passed.
- A person with an interest can apply to remove or pass over a personal representative, but removal as personal representative does not remove them as trustee.