How to Remove an Executor Who Is Not Doing Their Job in British Columbia

When an executor stalls, ignores questions or mishandles money, beneficiaries can feel stuck. The estate cannot be settled, and relationships can strain further with each passing month.

This article explains how removal works in the British Columbia Supreme Court, who can apply, the grounds, and what happens afterward. Removal is a serious step and every case turns on its facts, so speak with a lawyer before filing.

This article covers the law of British Columbia.

Who can apply and on what grounds

Any person with an interest in the estate may apply to remove or pass over a personal representative. That includes beneficiaries under a will.

Subject to the will, the court may act on these listed grounds:

• refusing to act without renouncing
• incapacity
• purporting to resign
• a conviction for an offence involving dishonesty
• undischarged bankruptcy
• an order under the Patients Property Act
• being unable or unwilling to carry out duties to the point of hampering administration

Mere delay or personality clashes may not be enough by themselves. The last ground, hampering administration, is the one most often relevant to a stalled estate, and it depends on the facts.

A creditor may apply on the dishonesty or bankruptcy grounds only if their claim exceeds a prescribed amount. Confirm the current amount with a lawyer.

Steps to try before going to court

Court is usually the last step. Short of that, you have several options.

• Ask in writing for an update, a list of assets and debts, and a timeline. BC government guidance describes the executor's basic duties as listing assets and debts, paying valid debts, filing tax returns and distributing the estate.
• Check the timing. An executor must not distribute within 210 days after the grant unless the court orders otherwise or the required consents are in place, so some waiting may be normal.
• If the named executor has not applied for probate, any interested person may require them to accept or renounce, or to explain why administration should not 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.
• Ask for accounts. Accounts must be approved by the court or by the people receiving the assets, and a beneficiary can apply to have them passed.

If the executor agrees to step aside, they may renounce by filing a Form P17 Notice of Renunciation, or they may apply to be discharged by the court. Discharge releases them from claims arising from their acts in office, except undisclosed acts or omissions, and it does not discharge them as trustee. How an agreed exit would work in your situation is worth confirming with a lawyer.

Making the application

An application to remove or substitute a personal representative is made under Supreme Court Civil Rules Rule 25-14(1)(d). Applications under paragraphs (c) to (f) must be personally served. Rules in Part 25 have been amended several times, so the current wording should be checked.

Expect to explain the grounds with evidence such as correspondence, bank records and a timeline. Subject to the will, the court decides whether the listed grounds are made out. If the executor is also a trustee, note that removal as personal representative does not remove the person as a trustee.

What happens if the court removes the executor

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 personal representative must hand over the estate property and records and sign any documents needed. They may not keep funds for their own expenses unless the court orders otherwise.

Where the executor has died, a person may apply to be substituted by filing the death certificate, an affidavit and an affidavit of delivery. If you need a replacement because no named executor will act, the court may grant administration with will annexed to others in the statutory order of priority, and in special circumstances may appoint any person it considers appropriate.

If an executor made an honest mistake, the court may excuse them, wholly or partly, from personal liability for a breach of trust if they acted honestly and reasonably and ought fairly to be excused. Removal and personal liability are separate questions.

What to do next

• Write down a timeline of what has happened and what the executor has said or done.
• Collect the will, any grant, emails, letters and bank records you have.
• Send a clear written request for information and a reasonable deadline.
• Consider whether the executor would renounce or step aside by agreement.
• Ask a lawyer whether your facts fit the listed grounds before filing.
• If you are the executor facing this, ask the court for direction or get advice early.

Frequently asked questions