Who Takes Over When a BC Court Removes an Executor?

Removing an executor is only half of the story. Once a court decides someone should no longer run an estate, the estate still needs a person with legal authority to collect assets, pay debts and eventually distribute what is left.

This article explains what generally happens after a removal in British Columbia: who the court appoints, what happens to the old grant, and where the Public Guardian and Trustee may fit in. It does not cover how to apply for a removal.

This article covers the law of British Columbia.

The court must usually appoint a substitute

When the court discharges or removes a personal representative, it must appoint a substitute who consents to act. The exceptions are where administration is already complete or a new appointment is unnecessary.

The court may also appoint the substitute as trustee. That matters if the will sets up trusts, for example for a child or a surviving spouse. The court can also require security from the substitute if the Supreme Court Civil Rules require it.

What happens to the old grant and the old duties

• The former representative's grant is revoked.
• The substitute takes over the former representative's authority and duties.
• The substitute must consent to act, so the court cannot simply impose the role on someone unwilling.

In practice, this means the grant that gave the removed person authority is revoked, and the substitute holds that authority and those duties instead. How a bank, land title office or other organization deals with the change depends on the situation, so it is worth confirming with a lawyer.

Removal as executor is not always removal as trustee

Removing a person as personal representative does not by itself remove that person as trustee of any trust under the will. That requires separate relief. If you are asking for a removal, it is worth making sure the application covers both roles where that is what you want.

A related idea is being passed over. To pass over someone means granting probate or administration to a person with lower priority than the person passed over. In special circumstances, the court can also appoint any person it considers appropriate as administrator, on conditions or not, and for general, special or limited purposes.

When the Public Guardian and Trustee may step in

The Public Guardian and Trustee may administer an estate where it is named executor in the will, or where no suitable person is willing or able to administer. Whether it is the right route for a particular estate depends on the facts, so it is worth confirming with a lawyer.

Anyone aware of an estate needing administration can refer it, including family members, executors, beneficiaries, coroners and social workers. A referral is submitted online, or by calling 604-660-4444 or emailing estates@trustee.bc.ca.

Removal versus an executor stepping aside

Removal is something a court does because someone with an interest in the estate applied. It is different from a personal representative applying to the court to be discharged, which is the route for an executor who wants to step aside after taking out a grant. A discharge also leads to the same substitute rules.

An executor who has not yet acted may be able to renounce instead. That is a different step from discharge.

What to do next

• Get a copy of the court order and confirm whether it covers both the executor role and any trusts under the will.
• Identify a suitable person who is willing to consent to act as substitute.
• Ask a lawyer whether security may be required from the substitute.
• Gather estate records so they can be handed over to the substitute.
• If no one suitable is willing, ask a lawyer whether a referral to the Public Guardian and Trustee makes sense given the size of the estate and family circumstances.

Because every estate is different, a lawyer can confirm which steps apply to yours.

Frequently asked questions