- A personal representative generally cannot distribute the estate within the 210 days after a representation grant is issued unless the court orders it.
- Even after 210 days, a pending proceeding that may affect distribution can lawfully hold up payment unless the court or the required consent allows it.
- If an executor is hampering the administration, a person with an interest in the estate may ask the court to remove or pass over that executor.
You are a beneficiary and the estate still has not paid you, or you are an executor and someone has started a claim. Either way, it helps to know that a delay is not always a sign that something has gone wrong. The law builds in a waiting period and some pauses.
This article explains the waiting period under British Columbia's Wills, Estates and Succession Act (WESA), when a lawsuit can lawfully pause distribution, the deadlines that sit around it, and what a beneficiary can do if the delay looks unjustified.
This article covers the law of British Columbia.
The 210-day waiting period after a grant
Under WESA s. 155(1), a personal representative must not distribute the estate within the 210 days following the date a representation grant is issued, unless the court orders otherwise. A beneficiary generally cannot demand distribution before that period ends.
In plain terms, the clock starts when the grant is issued, not when the person died. The wait gives time for claims against the estate to come forward before the money is paid out.
When a pending dispute can delay payment after 210 days
The end of the 210 days does not automatically free the executor to pay. Under WESA s. 155(2), the personal representative may not distribute without court consent, or the consent the section requires, in certain situations.
- A proceeding is pending to decide who the beneficiaries or intestate successors are.
- Relief is being sought under the wills variation Division of WESA.
- Other proceedings may affect distribution.
A pending claim of this kind therefore lawfully delays distribution. An executor who holds back in these situations is not necessarily doing anything wrong, though whether a particular proceeding qualifies depends on the facts.
Related deadlines that affect how long a dispute can last
| Claim | Deadline |
|---|---|
| Wills variation claim | Must be commenced within 180 days from the date the grant is issued in British Columbia, or the court must not hear it |
| Service of a wills variation claim | A copy of the initiating pleading must be served on the executor, generally within 30 days after the 180-day period expires |
| Disputed claim against the estate | The claimant must commence a proceeding within 180 days after notice of the dispute or after the claim falls due |
A wills variation claim is about whether the will makes adequate provision for the proper maintenance and support of the will-maker's spouse or children. If there are minor children, or a spouse or child is mentally incapable, the pleading must also be served on the Public Guardian and Trustee.
The wording of the 30-day service rule in s. 61(1)(b) should be checked against the current Act, including whether any extension is available, before you rely on it. A lawyer can confirm this quickly.
Shares for minor beneficiaries
If a minor beneficiary's interest has no trustee or trust, WESA s. 153(1) requires the personal representative to pay or transfer it to the Public Guardian and Trustee in trust for the minor, rather than to the minor or a parent. This does not apply if the court, on notice, appoints a trustee before distribution.
What a beneficiary can do and what to do next
If you think the delay is not justified, start by asking the executor in writing why distribution has not happened and whether a proceeding or the waiting period is the reason. Keep copies of what you send and receive.
- Confirm the date the grant was issued and count the 210 days from it.
- Ask whether any proceeding is pending that could affect distribution.
- If the executor is unable or unwilling to perform duties in a way that hampers administration, a person with an interest in the estate may apply to remove or pass over that executor.
- Get legal advice before applying, because the right step depends on the facts.
Removal is not automatic. The court may remove or pass over a person it considers should not act, and the listed grounds include being unable or unwilling to perform duties in a way that hampers administration of the estate. If an executor is removed, the court must generally appoint a substitute who consents to act.
Frequently asked questions
How long must beneficiaries wait after probate in BC?
A personal representative must not distribute within the 210 days following the date the grant is issued, except by court order. A beneficiary generally cannot demand distribution before that period ends.
Can an executor refuse to pay because of a wills variation claim?
Yes, in the sense that the executor may not distribute without court consent, or the consent the section requires, while relief is sought under the wills variation Division. A pending claim of that kind lawfully delays distribution.
How long does someone have to start a wills variation claim?
The proceeding must be commenced within 180 days from the date the grant is issued in British Columbia, or the court must not hear it. Service on the executor has its own timing, so get advice early.
Can I have an executor removed for delaying?
A person with an interest in the estate may apply to the court to remove or pass over a personal representative. The court may do so where the person is unable or unwilling to perform duties in a way that hampers administration of the estate. Delay that is caused by a pending claim is a different matter.
Sources
- Wills, Estates and Succession Act (WESA), s. 155 — 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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