- A named executor may renounce by filing a Form P17 Notice of Renunciation, and unless the court orders otherwise, the estate is then administered as if they had never been named.
- If a named executor does nothing, an interested person can cite them, and they are deemed to renounce if they do not obtain probate within 6 months after service of the citation, unless the court extends the time.
- After a grant, a personal representative may apply to the court to be discharged, and the court must usually appoint a consenting substitute.
Being named as an executor in someone's will is an invitation to take on a role, and the law gives you a way to renounce it. You may be too busy, live far away, be in poor health, or simply not want the responsibility. Others start the job and then find it is more than they expected.
The rules differ depending on whether a grant of probate has already been issued. This article walks through refusing the role, what happens if you do nothing, who takes over, and how to step down once you are already in office. Your facts matter, so a lawyer can confirm how this applies to you.
This article covers the law of British Columbia.
Renouncing before probate
A named executor may renounce. Unless the court orders otherwise, the estate is then administered as if that person had never been named as executor.
Under the Supreme Court Civil Rules, you renounce by filing a Form P17 Notice of Renunciation, or by being deemed to renounce under Rule 25-11(5).
Because renouncing changes who runs the estate, think about it before you take any step with estate property. Acting as though you were the executor and then trying to walk away can create complications, so get advice first if you have already done anything on the estate's behalf.
What happens if you simply do nothing
Ignoring the appointment does not make it go away. 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.
If you are cited and do not obtain probate within 6 months after the citation is served, you are deemed to have renounced, unless the court extends the time.
- Deemed renunciation is one of the ways renouncing happens under the court rules.
- The court can extend the 6-month period, so do not assume it will simply run out.
- A clear, filed renunciation is usually simpler than waiting to be cited.
Who takes over when an executor steps aside
What happens next depends on whether other executors are named.
| Situation | What the law says |
|---|---|
| Co-executors obtain probate while another renounces or does not join | The acts of the executors who obtained probate are as valid as if all had acted. |
| An executor who did not join the application | They are not liable for assets that later come under a co-executor's control. |
| No named executor will or can apply | The court may grant administration with will annexed to others in the statutory order of priority. |
| Special circumstances | The court may appoint any person it considers appropriate. |
Where several executors are involved and only some act on land, a sale of land by only one or some of several joint personal representatives is not valid without court approval, though executors who obtained probate after others renounced or did not join may dispose of land in the circumstances the Act allows.
Stepping down after a grant has been issued
A personal representative may apply to the court to be discharged, either before or after a grant. How this works in your situation is worth confirming with a lawyer.
Discharge releases you from claims arising from your acts in office, except undisclosed acts or omissions, but it does not discharge you as trustee.
When the court removes or discharges a personal representative, it must appoint a consenting substitute, unless administration is complete or a new appointment is unnecessary, and the former representative's grant is revoked. Within 30 days of a substitution order, you must hand over the estate property and records and sign any documents needed, and you may not keep funds for your own expenses unless the court orders otherwise.
An application to remove or substitute a personal representative is made under Rule 25-14(1)(d), and certain applications under that rule must be personally served.
The separate trustee role and what to do next
If the will creates a trust, such as a trust for a child, the trustee role is separate from the executor role. Removal as personal representative does not by itself remove you as a trustee. A new trustee may be appointed if a trustee has died, wishes to be discharged, is unfit or incapable, or has stayed out of British Columbia for more than 12 months.
- Check whether probate has been issued yet.
- Stop dealing with estate property until you have decided whether to renounce.
- If you want to renounce, prepare and file a Form P17 Notice of Renunciation.
- If you are already in office, speak to a lawyer about a discharge application and who will take over.
- Keep records of everything you have done so they can be handed over.
- Ask whether you are also named as a trustee, and what that means for you.
Frequently asked questions
Can I be forced to act as executor?
An interested person can require a named executor who has not applied for probate to accept or renounce. If you do not obtain probate within 6 months after being cited, you are deemed to have renounced unless the court extends the time. It is better to deal with the question than to ignore it.
How do I renounce as executor in BC?
You file a Form P17 Notice of Renunciation, or you can be deemed to renounce under Rule 25-11(5). The estate is then administered as if you had never been named, unless the court orders otherwise.
Can I quit after probate has been granted?
A personal representative may apply to the court to be discharged, before or after a grant. When the court discharges a representative, it must generally appoint a consenting substitute, and the old grant is revoked. A lawyer can confirm the steps for your situation.
What if there is no one else to act?
If no named executor will or can apply, the court may grant administration with will annexed to others in the statutory order of priority. In special circumstances it may appoint any person it considers appropriate.
Sources
- Wills, Estates and Succession Act, s. 104 — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Rule 25-1 and 25-11 — bclaws.gov.bc.ca
- Trustee Act, s. 27(1) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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