What Information Can a Beneficiary Demand From an Executor in BC?

You are named in a will, or entitled on an intestacy, and you have heard almost nothing. The executor has not told you what the estate holds, what has been paid or when you might receive anything. It is reasonable to wonder what you are entitled to see.

This article sets out the main tools a beneficiary has in British Columbia: accounts, timing rules, ways to question the executor's pay and what to do if the executor is not cooperating.

This article covers the law of British Columbia.

Start with what the executor is expected to do

The provincial government guide lists among executor duties preparing accounts showing assets, receipts, disbursements and distribution of the estate, and getting the court's approval of the accounts. Those accounts are the heart of what a beneficiary can ask about.

A reasonable first step is a polite written request for a copy of the will, a list of estate assets and an update on progress. Which documents you are entitled to receive as of right can depend on your position, so a lawyer can confirm this for you.

Accounts and when they are due

The exceptions to the two-year rule are in section 99 of the Trustee Act, so check them before assuming the deadline applies to your estate. The notice mechanics for annual accounts are also worth confirming with a lawyer.

Timing, pay and missing assets

• Timing: a personal representative must not distribute within 210 days after the grant is issued, except by court order, and a beneficiary generally cannot demand distribution before that period ends.
• Delay from claims: after 210 days, a pending proceeding about beneficiaries, a wills variation claim or other proceedings can lawfully delay distribution.
• Minors: a minor's interest with no trustee or trust must generally be paid to the Public Guardian and Trustee in trust for the minor, not to the minor or a parent.
• Pay: an executor may be allowed a fair and reasonable allowance not exceeding 5% of the gross aggregate value of the estate. The court may settle the compensation on application.
• Will terms: those pay rules do not apply where the will itself sets the allowance.

If you suspect assets have been left out, note that an applicant for a grant must make a diligent search and inquiry to find the property and liabilities of the deceased. Asking what search was done is a fair question.

If the executor will not cooperate

You have escalating options. You can serve notice requiring annual accounts. If accounts are not passed as required, the executor may be called before the court to explain. If the executor will not pursue claims the estate has, a beneficiary can, with leave of the court, sue on the estate's behalf. Leave depends on reasonable efforts to get the representative to act, notice to required parties, good faith, and the proceeding being necessary or expedient to protect the estate.

A person with an interest in the estate may also apply to remove or pass over the personal representative. Grounds include being unable or unwilling to perform duties in a way that hampers administration. If someone is removed, the court generally appoints a substitute who takes over the authority and duties.

If an executor wants to step aside after taking out a grant, they may apply to be discharged. An executor who has not yet acted may renounce instead.

If the executor may have breached their duties but acted honestly and reasonably, the court may relieve them wholly or partly from liability. A general two-year period from discovery applies to many claims, with special rules for trust and fraud claims, so get advice before waiting.

What to do next

• Write to the executor asking for the will, an asset list and a progress update, and keep a copy.
• Note the date of the grant to track the 210-day and two-year periods.
• Serve written notice if you want annual accounts, after confirming how to do it.
• Keep a record of every request and response.
• Speak with a lawyer before applying to court to compel accounts or remove the executor.

Frequently asked questions