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Wills & Estates

Can Family Members Disagree About Who Should Be Administrator of an Estate in British Columbia?

TSL Written by the Treadstone Law Team· Updated November 6, 2026

This answer covers the law of British Columbia.

Yes, relatives can disagree about who should be administrator, and the law has a priority order to guide the choice. The spouse of the person who died, or a person the spouse nominates, has first priority, and a child ranks next, applying with the consent of a majority of the children.

That priority is not the last word. In special circumstances, the court may appoint any person it considers appropriate, despite the usual priority rules. Anyone who is going to apply must give notice first, and the notice goes to each intestate successor and to anyone who has served a citation. That gives a relative who objects a chance to learn about the application and respond.

Concern about how an administrator will behave can also be raised through security. An applicant does not have to provide security, but the court may require it on the application of an interested person. If it does, it may accept any form or amount, or limit the administrator's powers. Who is appointed when relatives share the same priority depends on the facts, so it is worth speaking with a lawyer before filing anything.

Key takeaways

  • The spouse, or a person the spouse nominates, has first priority, and a child ranks next with the consent of a majority of the children.
  • In special circumstances, the court may appoint any person it considers appropriate despite the priority rules.
  • Notice of the application goes to each intestate successor and to anyone who has served a citation.
  • An administrator does not normally have to provide security, but the court may require it on an interested person's application.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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