What can I do if an executor is hiding or not disclosing estate assets in British Columbia?
This answer covers the law of British Columbia.
If you suspect an executor is hiding assets, start by asking for records in writing. An applicant for a grant must make a diligent search and inquiry to find the deceased person's property and liabilities, which gives you a basis to ask whether anything was left out. A beneficiary can also require annual accounts by notice.
If the executor will not pursue estate claims, a beneficiary can, with leave of the court, sue on the estate's behalf to recover property owed to the deceased. A person with an interest in the estate may apply to remove the executor, and the court may do so where the person is unable or unwilling to perform duties in a way that hampers administration.
Time limits matter. A court proceeding must not be commenced more than 2 years after the day the claim is discovered, which is the first day you knew or reasonably ought to have known of the loss, its cause, the defendant's act, and that a court proceeding is appropriate. Special rules apply where an act was wilfully concealed or the claim involves fraud or a trust. How this applies depends on your facts, so confirm with a lawyer promptly.
Key takeaways
- An applicant for a grant must make a diligent search and inquiry to find the deceased person's property and liabilities, which you can use to question whether assets were left out.
- A beneficiary can, with leave of the court, sue on the estate's behalf to recover property owed to the deceased if the representative will not act.
- A person with an interest in the estate may apply to the court to remove an executor who is unable or unwilling to perform duties in a way that hampers administration.
- A court proceeding must not be commenced more than 2 years after the day the claim is discovered, but different rules can apply where something was wilfully concealed or the claim involves fraud or a trust, so get advice early.