How do I remove an executor in British Columbia?
This answer covers the law of British Columbia.
You remove an executor in British Columbia by applying to the court, and a person with an interest in the estate may make that application. The court may remove or pass over a person it considers should not act, subject to the will, and the listed grounds include refusing to act without renouncing, incapacity, a conviction for dishonesty, an undischarged bankruptcy, and being unable or unwilling to perform duties in a way that hampers administration of the estate.
Passing over means granting probate or administration to someone with lower priority than the person passed over. When the court removes a personal representative, it must appoint a substitute who consents to act, unless administration is complete or a new appointment is unnecessary, and the former representative's grant is revoked. Removal as personal representative does not by itself remove the person as trustee of any trust under the will, which needs separate relief. Creditor applications on the dishonesty and bankruptcy grounds are limited to claims above a prescribed amount.
Whether a particular concern is enough for removal depends on the facts of your situation. A lawyer can help you assess whether they fit.
Key takeaways
- A person with an interest in the estate may apply to the court to remove or pass over a person entitled to act as personal representative.
- The listed grounds include refusing to act without renouncing, incapacity, a dishonesty conviction, an undischarged bankruptcy, and hampering administration of the estate.
- If the court removes the representative, it must generally appoint a substitute who consents to act, and the former grant is revoked.
- An executor who wants to step aside after taking out a grant can apply to be discharged, which is a different route from removal.