Can I Refuse to Be an Executor or Step Down Later in BC?

Being named as executor in someone's will is not the same as being forced to act. Many people are named without being asked, or take on the role and later find it is too much. British Columbia law gives you ways out, but which one applies depends on how far along you are.

This article walks through refusing the job before probate, what happens if someone presses you to decide, who can take over, and how to step down once a grant has been issued. It also explains how stepping down differs from being removed by the court.

This article covers the law of British Columbia.

Renouncing before you start

A named executor may renounce. Unless the court orders otherwise, the estate is then administered as if you had never been named as executor.

Under the Supreme Court Civil Rules, you renounce by filing a Form P17 Notice of Renunciation, or by being deemed to renounce under Rule 25-11(5).

If some co-executors renounce or do not join the probate application, the acts of the executors who obtained probate are as valid as if all had acted. Whether and how you should renounce can depend on the details of the will and your own involvement so far, so it is worth confirming with a lawyer before you file.

If someone presses you to decide

Any interested person may require a named executor who has not applied for probate to either accept or renounce, or to explain why administration should not go to another person who is willing. This is often called a citation.

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.

• Do not ignore a citation; silence can lead to a deemed renunciation.
• If you want the job, you need to move toward applying for probate within the time allowed.
• If you do not want it, filing a Form P17 is the clear way to say so.

Who steps in when you do not act

The estate does not stall just because one executor steps aside. The possible routes depend on who else was named.

An executor who does not join the probate application is not liable for assets that later come under a co-executor's control.

Stepping down after a grant has been issued

Once probate has been granted, the position changes. A personal representative may apply to the court to be discharged, either before or after a grant.

Discharge releases you from claims arising from your acts in office, except undisclosed acts or omissions, and it does not discharge you as trustee. If the will creates trusts, you may therefore still hold that role, and a separate step may be needed for it.

When the court 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, you must hand over the estate property and records and sign any documents needed. You may not keep funds for your own expenses unless the court orders otherwise.

Stepping down is not the same as removal, and what to do next

Discharge is something you ask for. Removal is something an interested person asks the court to do. Any person with an interest in the estate may apply to remove or pass over a personal representative, on listed grounds such as incapacity or being unable or unwilling to carry out duties to the point of hampering administration. Removal as personal representative does not remove the person as a trustee.

• Decide early whether you want the role, before anything is filed or distributed.
• Get the will and any documents you have received, and note any citation and the date it was served.
• If you are refusing before probate, prepare a Form P17 Notice of Renunciation.
• If a grant has issued, ask a lawyer about applying for discharge and a substitute.
• Keep complete records so you can hand them over if ordered.
• Ask about your trustee role if the will sets up trusts.

Because the right path depends on the facts, a lawyer can confirm which steps fit your situation.

Frequently asked questions