Can Co-Executors Act Without Each Other in British Columbia?

Many BC wills name more than one executor, often adult children or a spouse and a friend. Once the estate work starts, a practical question comes up quickly: can one of you sign, sell or pay on your own, or does every decision need everyone's agreement?

The answer depends on what you are doing and on who actually took out the grant. This article explains the general rules, what changes when a co-executor steps back, and what options exist if you cannot agree. Your situation may turn on details, so a lawyer can confirm how this applies to you.

This article covers the law of British Columbia.

The starting point: the estate is held together

In BC, the deceased person's estate vests in the personal representative once that person takes office or is appointed. How the work is shared between several executors in practice depends on the will and on who took out the grant, so it is worth confirming with a lawyer. A personal representative has the same authority over the estate as the deceased would have had, subject to the will and to other laws.

A grant of probate gives the personal representative exclusive authority to administer the estate. How that authority is shared among several executors depends on the will and your situation, so it is usually safest to treat the job as shared and to confirm with a lawyer before acting alone.

Land is the main limit

Land passes to the personal representative in the same way as personal property, and the representative holds it as trustee for the beneficiaries. That makes a sale or transfer of a house a serious step.

A disposition of land by only one or some of several joint personal representatives is not valid without court approval. So if you are one of three executors, you cannot validly sell the family home with only one other signature unless the court approves, or unless one of the exceptions in the next section applies.

When a co-executor renounces or stays out

A named executor may renounce, and the estate is then generally administered as if that person had never been named, unless the court orders otherwise. A person renounces by filing a Form P17 Notice of Renunciation, or by being deemed to renounce under the Rules.

Sometimes a co-executor does not renounce but simply does not join the probate application. In that case, and where others renounce, the acts of the executors who obtained probate are as valid as if all had acted, and those executors may also dispose of land under the exception in s. 162(4). An executor who did not join the application is not liable for assets that later come under a co-executor's control.

When co-executors disagree or one will not act

A deadlock or a silent co-executor can stall an estate. The law offers several routes, and they range from gentle to serious.

• Citation: any interested person may require a named executor who has not applied for probate to either accept or renounce, or to explain why administration should not go to another person who is willing. A cited executor who does not obtain probate within 6 months after service of the citation is deemed to have renounced, unless the court extends the time.
• Court directions: an executor, administrator or trustee may petition the court for its opinion, advice or direction on a question about managing the estate, without starting any other proceeding. This can help when executors genuinely disagree about what to do.
• Removal: any person with an interest in the estate may apply to remove or pass over a personal representative, and the court may do so on listed grounds, subject to the will.

What to do next

• Read the will for any wording about how several executors must act.
• Find out who has applied for or obtained the grant, and who has renounced.
• Do not sign a land transfer without confirming the approvals needed.
• Keep written records of decisions and who agreed to them.
• Talk to a lawyer early if a co-executor refuses to act or you cannot agree.

Frequently asked questions