Who Takes Over the Estate When a BC Court Removes an Executor?

A court order removing an executor can feel like the end of a dispute. For beneficiaries, it usually raises a practical question straight away: who is in charge of the estate now, and what happens to the work the old executor started?

This article explains what generally follows a removal under British Columbia's Wills, Estates and Succession Act (WESA). It is about the aftermath, not about how to win a removal. Every estate is different, so a lawyer can confirm how these rules apply to yours.

This article covers the law of British Columbia.

The court must usually name a substitute

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

The substitute has to be willing. A person cannot be named against their wishes, which is one reason families often propose a candidate before the hearing.

What happens to the old executor's authority

• The former representative's grant is revoked.
• The substitute takes over the former representative's authority and duties.
• The court may require security from the substitute if the Supreme Court Civil Rules require it.

Once the grant is revoked, the substitute takes over the former representative's authority and duties as personal representative, although a trustee role under the will is a separate question. If you are a bank, buyer or beneficiary dealing with the estate, the substitute is now the person to deal with.

Passing over, discharge and renunciation

These terms are easy to confuse. To pass over someone means granting probate or administration to a person with lower priority than the one passed over. A person with an interest in the estate may apply to remove or pass over someone entitled to act.

Where special circumstances make it appropriate, the court may also appoint any person it considers appropriate as administrator, with or without conditions, and for general, special or limited purposes.

A trust in the will is a separate question

Many wills also create trusts, for example for a minor or a spouse. Removing someone as personal representative does not by itself remove that person as trustee of any trust under the will. That needs separate relief.

Because of this, a court order should be checked carefully. If it only deals with the executor role, the former executor could still be a trustee. As noted above, the court may appoint the substitute as trustee too.

When the Public Guardian and Trustee steps in

Sometimes no suitable family member is willing to take over. The Public Guardian and Trustee (PGT) may administer an estate where it is named executor, or where no suitable person is willing or able to administer. The court cannot appoint the PGT as administrator without its prior written consent, unless the PGT applies itself.

• The PGT may decline an estate whose assets are not enough to pay funeral costs and PGT fees.
• It usually requires consent from all or most known beneficiaries or heirs.
• It does not resolve family disputes over who should administer.
• Anyone aware of an estate needing administration can refer it, online, by calling 604-660-4444, or by emailing estates@trustee.bc.ca.

What to do next

• Get a copy of the court order and check who is named as substitute and whether trustee roles are covered.
• Ask whether the court has required security from the substitute.
• Ask a lawyer how any estate records you hold should be handled, since this depends on your situation and your role.
• Raise any trust-related concern with a lawyer before assuming the former executor has no role.
• If no family member is willing to act, discuss the PGT option and the beneficiary consents it may want.

A lawyer can confirm what the order means for your estate and what steps remain.

Frequently asked questions