Do Co-Executors Have to Agree and Act Together in BC?

Many wills name more than one executor, often adult children or a spouse and a friend. That works well while everyone agrees. It gets harder when one co-executor will not sign, will not respond, or wants to handle the estate differently.

This article explains how co-executors generally share authority in British Columbia, what happens when one stays out, and the court options when people are stuck. Your situation may turn on the exact wording of the will, so a lawyer can confirm how this applies to you.

This article covers the law of British Columbia.

What the grant gives co-executors

A grant of probate or administration gives the personal representative exclusive authority to administer the estate. A personal representative has the same authority over the estate as the deceased would have had, subject to the will and to other laws. How that authority is shared between several executors can depend on the wording of the will, so it is worth confirming with a lawyer.

How several executors make decisions together depends on the will and the facts of your situation. For the trustee role, unless the will says otherwise, a power held jointly by 2 or more trustees may be exercised by the survivors. Land has its own rule when there are several executors, covered in the next section.

Selling or transferring land

Land passes to the personal representative in the same way as personal property, and the representative holds it as trustee for the beneficiaries. 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 and the other two want to sell the house, they generally cannot do it on their own just because they are the majority. There is an exception, covered below, where a co-executor has renounced or has not joined the application.

When one co-executor steps back

A named executor may renounce. Unless the court orders otherwise, the estate is then administered as if that person had never been named executor. Renouncing is done by filing a Form P17 Notice of Renunciation, or by being deemed to renounce under the court rules.

A co-executor may also simply not join the probate application. In that case 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 land provisions. An executor who does not join the application is not liable for assets that later come under a co-executor's control.

• If a named executor has not applied and is not responding, an interested person can require them to accept or renounce, or explain why administration should go to someone else.
• 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.
• An executor's appointment ends if they survive the will-maker but die without obtaining probate, and the estate is then administered as if they had never been appointed.
• If a personal representative dies, a person may apply to be substituted by filing the death certificate, an affidavit and an affidavit of delivery.

When co-executors are stuck or one will not cooperate

If you and your co-executors disagree about how to manage the estate, an executor may petition the court for its opinion, advice or direction on a question about managing the estate, without starting any other proceeding. This can be a practical way to resolve a deadlock without a full dispute.

If the problem is a co-executor who will not do the job, any person with an interest in the estate may apply to remove or pass over a personal representative. Subject to the will, the court may do so on listed grounds, including incapacity, being unable or unwilling to carry out duties to the point of hampering administration, or refusing to act without renouncing. An application to remove or substitute is made under Rule 25-14(1)(d), and these applications must be personally served.

After removal and what to do next

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. The former representative's grant is revoked. Within 30 days of a substitution order, the former representative must hand over the estate property and records and sign any documents needed.

Keep in mind that removal as personal representative under the statute does not by itself remove the person as a trustee. That can matter where the will creates a continuing trust.

• Re-read the will for any wording about how executors act, and about who may act alone.
• Keep written records of every request you make to a co-executor and every reply.
• Do not sign or agree to a land sale or transfer until you know whether court approval is needed.
• Decide early whether you want to act or to renounce, because a late renunciation can leave you exposed to disputes.
• Speak with a lawyer before applying for directions or removal, since the right step depends on the facts.

Frequently asked questions