What to Do If an Executor Is Not Distributing an Estate in British Columbia

Waiting for your share of an estate is stressful, especially when the executor does not return calls or explain what is happening. Before assuming something is wrong, it helps to know that some delay is built into the law.

This article walks through when delay is lawful, what to do first, and the court options if an executor simply will not move. Every estate is different, so a lawyer can confirm which step fits yours.

This article covers the law of British Columbia.

Is the delay actually lawful?

A personal representative (the executor or administrator) must not distribute the estate within the 210 days after a representation grant is issued, unless the court orders otherwise. A beneficiary generally cannot demand distribution before that period ends.

The wait can continue after 210 days. The representative may not distribute without court consent, or the consent the section requires, if a proceeding is pending about who the beneficiaries are, if relief is sought under the wills variation provisions, or if other proceedings may affect distribution.

If you are a spouse or child considering a wills variation claim, note that it must be started within 180 days from the date the grant is issued in British Columbia, or the court must not hear it.

Other reasons an estate may be held up

• A grant has not yet been issued, so the 210-day period has not started.
• A beneficiary is a minor with no trustee or trust. The representative must pay or transfer the minor's interest to the Public Guardian and Trustee in trust for the minor, not to the minor or a parent, unless the court appoints a trustee before distribution.
• A creditor's claim is disputed. The claimant must start a proceeding within 180 days after notice of the dispute or after the claim falls due.
• Assets are still being located or sold, which depends on the estate.

Step one: ask in writing

If the grant is old enough and no claim seems to be pending, start with a polite written request. Ask for the status of the estate, the expected timing of distribution, and the reason for any delay. Keep a copy and note the date.

• Confirm when the grant was issued and count the 210 days.
• Ask whether any claim or proceeding is pending against the estate.
• Ask for a timeline and a summary of assets and debts.
• Set a reasonable date for a reply.
• Keep all emails and letters in one file.

Step two: ask for accounts

A beneficiary can serve notice requiring the representative to pass accounts annually, within one month of the anniversary. The government guide describes accounts as showing assets, receipts, disbursements and distribution of the estate, and lists preparing them and getting the court's approval as executor duties.

A representative who fails to pass accounts as required may be called before the court to explain why. Our companion article on passing accounts covers this in more detail.

Step three: court options and what to do next

A person with an interest in an estate may apply to the court to remove or pass over a person entitled to act as personal representative. Grounds include being unable or unwilling to perform duties in a way that hampers administration of the estate. If the court removes a representative, it must generally appoint a substitute who consents to act.

If the problem is that the executor will not pursue money or property owed to the estate, a beneficiary can, with leave of the court, sue on the estate's behalf. Leave depends on reasonable efforts to get the representative to act, notice to the required parties, good faith, and the proceeding being necessary or expedient to protect the estate.

Time matters. A court proceeding generally cannot be started more than 2 years after the claim is discovered. There is also a 15-year ultimate limit from the act or omission, but if the act or omission was wilfully concealed, it is treated as having happened on the discovery date. Special rules apply to fraud and trust claims, so a lawyer should confirm your deadline.

Gather the will, the grant, your correspondence and any account information, then speak with a lawyer about whether to push further by letter or apply to court.

Frequently asked questions