Can the Public Guardian and Trustee Take Over a BC Estate?

Sometimes an estate sits untouched because nobody suitable is able or willing to deal with it. The named executor may have died or refused to act, or the family may not be able to agree on who should take on the job. Bills, property and paperwork still need attention.

In British Columbia, the Public Guardian and Trustee (PGT) can sometimes step in. This article explains when it may do so, how an estate is referred, what limits apply, and what other options exist if the real problem is a family disagreement.

This article covers the law of British Columbia.

When the PGT may administer an estate

The PGT may administer an estate in two situations: where it is named as executor in the will, or where no suitable person is willing or able to administer the estate.

The second situation is the one that catches most families. It is not enough that people disagree or find the job inconvenient. The question is whether anyone suitable is actually available to act.

Who can refer an estate and how

Anyone who is aware of an estate needing administration can refer it. This includes family members, executors, beneficiaries, coroners and social workers.

• Submit the referral online.
• Call 604-660-4444.
• Email estates@trustee.bc.ca.

Before you refer, gather what you know: the person's name and date of death, any will, the known assets and debts, and contact details for family and beneficiaries.

Consent, small estates and family disputes

The PGT usually requires consent from all or most known beneficiaries or heirs. That means you may need to contact relatives and ask them to agree before the PGT will move forward.

The PGT may also decline an estate whose assets are not enough to pay funeral costs and PGT fees. Fee amounts are not covered here; ask the PGT directly for its current fee information.

Importantly, the PGT does not resolve family disputes over who should administer an estate. If the real obstacle is a disagreement, a referral is unlikely to solve it.

The legal limits in WESA ss. 164 and 165

Under the Wills, Estates and Succession Act (WESA), a grant of administration may not be issued to the PGT unless it files an affidavit swearing that no person in British Columbia is entitled to share in the distribution and ready and competent to apply.

Separately, the court must not appoint the PGT as administrator without its prior written consent, unless the PGT applies itself.

In practice, if a beneficiary in BC is ready and competent to apply, the PGT route is likely closed to you, and that person is the more natural applicant.

If the family is in dispute: other routes and next steps

Where the PGT will not or cannot act, the court has other tools. Under WESA s. 132, where special circumstances make it appropriate, the court may appoint any person it considers appropriate as administrator, on conditions or not, and for general, special or limited purposes.

If a person is entitled to act but should not, a person with an interest in the estate may apply to the court to remove or pass over that person under s. 158(2). The listed grounds include incapacity and being unable or unwilling to perform duties in a way that hampers administration of the estate. To pass over means granting probate or administration to someone with lower priority.

• Find out whether the will names an executor and whether that person is alive and willing.
• Identify any beneficiary in BC who could apply.
• Talk to the other beneficiaries about consent to a PGT referral.
• Refer the estate to the PGT if no suitable person is available.
• See a lawyer if there is a dispute, since a court application may be needed.

Frequently asked questions