Can an Executor Refuse or Renounce the Role in British Columbia?

Being named executor in someone's will can feel like an obligation, especially during grief. You may live far away, be unwell, be too busy, or simply not want to deal with family tension or paperwork. The good news is that the role is not forced on you.

This article explains how renouncing works in British Columbia, what happens to the estate afterward, and why it is wise to pause before you start acting. It is general information, not advice on your situation.

This article covers the law of British Columbia.

Yes, a named executor can say no

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.

That means your refusal does not cancel the will. The rest of the will still stands, and the estate is dealt with through the other people the will names or, if there are none, through the court process for appointing someone else.

How renunciation is done

Under the Supreme Court Civil Rules, a person renounces executorship by filing a Form P17 Notice of Renunciation, or by being deemed to renounce under Rule 25-11(5).

You can also be pushed to decide. Any interested person may require a named executor who has not applied for probate to accept or renounce, or to explain why administration should go to another willing person. 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.

• Decide early, before you sign or do anything for the estate.
• Locate the will and confirm you are actually named in it.
• File the Form P17 Notice of Renunciation if you want to step back.
• Tell the other executors, the beneficiaries and the family so the estate is not left waiting.

What happens to the estate after you renounce

If other executors are named and willing, they carry on. Where some co-executors renounce or do not join the probate application, the acts of the executors who obtained probate are as valid as if all had acted. An executor who does not join the application is not liable for assets that later come under a co-executor's control.

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, the court may appoint any person it considers appropriate.

Separately, an executor's appointment ends if they survive the will-maker but die without obtaining probate, or if they are required to take probate and do not appear. The estate is then administered as if they had never been appointed.

The risk of acting first

Many people begin helping right away: paying a bill, talking to the bank, clearing out a home. That is understandable, but it can blur the line between helping out and taking on the role. Whether earlier steps affect your ability to renounce depends on exactly what you did, so it is worth speaking to a lawyer before you decide.

If a grant has already been issued to you, the steps open to you may be different from those for someone who has not yet taken office, and a lawyer can confirm which apply to your situation. A personal representative may apply to the court to be discharged, either before or after a grant. Discharge releases them from claims arising from their acts in office, except for undisclosed acts or omissions, but it does not discharge them as trustee.

What to do next

• Stop and take stock of anything you have already done for the estate, and write it down.
• Read the will to see who the alternate or co-executors are.
• Decide whether you want to accept or renounce, and do not leave it open.
• Get legal advice on whether to file a Form P17 Notice of Renunciation or take another route.
• Pass the will and your notes to whoever will take over.

Frequently asked questions