Your Rights as a Beneficiary in BC

Being named in a will does not put you in charge of the estate. The executor runs it. But BC law gives beneficiaries real rights along the way: to be told about the probate application, to see how the estate is being handled, and to ask the court to step in if the executor will not do the job.

This guide is for beneficiaries who want to know where they stand, especially when communication has slowed or stopped. It covers what you are entitled to, what you are not, and the practical steps that usually come before any court application.

Who is in charge of the estate

The executor named in the will, or a court-appointed administrator if there is no will or no executor able to act, is the estate's personal representative. Under section 142 of the Wills, Estates and Succession Act (WESA), the personal representative has the same authority over the estate that the person who died would have had, and must administer and distribute it and account to the beneficiaries.

So the executor makes the decisions, and you are entitled to information, a proper accounting and, if things go wrong, the court's help. If there is no will, the people who inherit under the intestacy rules are in a similar position; our guide to who inherits when there is no will explains who they are.

The right to be told before probate is applied for

Before an executor applies for probate, the Supreme Court Civil Rules require a notice of proposed application (Form P1) to go to the beneficiaries named in the will, as well as others such as alternate executors and the people who would inherit if there were no will. A copy of the will must come with the notice, and the application cannot be submitted until at least 21 days after the notice is delivered.

The notice tells you three useful things: that you can oppose the application by filing a notice of dispute; that you may have a claim against the estate under the Family Law Act or the wills variation provisions of WESA; and that, once a grant issues, the executor must give the beneficiaries an accounting of how the estate was administered and distributed. Our overview of the probate process in BC explains what happens after the notice goes out.

The right to information and an accounting

Accounting to beneficiaries is a legal duty, not a courtesy. WESA places it on every personal representative, and the Province describes the executor's job as including accounts showing the estate's assets, receipts, disbursements and distribution, approved either by the court or by the people who will receive the estate.

A reasonable request for information usually covers:

• An inventory. What the estate owns and owes, and roughly what each item is worth.
• Progress on probate. Whether an application has been filed and, if so, the date the grant was issued.
• Money in and out. Sale proceeds, bank balances, bills, legal and accounting fees, and taxes paid.
• A proposed distribution. What each beneficiary will receive and when, with any amounts held back explained.

An executor in BC can be paid for their work, and the accounts should show what is being claimed. Legal fees paid out of the estate also need approval from the court or the beneficiaries. Approving accounts is a real decision, so read them and ask about anything you do not understand first.

If the executor will not produce accounts, a beneficiary can apply to the court for an order that the executor pass their accounts. The court reviews them, can approve or question individual items, and can fix the executor's compensation if it is not agreed. Few people want to go to court, but knowing the option exists often moves a stalled conversation along.

Timing: why you may wait seven months or more

Beneficiaries are often surprised by how long distribution takes. Under section 155 of WESA, an executor generally must not distribute the estate within 210 days after the grant is issued, apart from limited exceptions. That period lines up with the deadline for a spouse or child to start a wills variation claim, which is 180 days from the grant, with a further 30 days to serve it on the executor. Our article on the 210-day rule covers the exceptions.

Tax is another common reason for a holdback. The Canada Revenue Agency explains that a clearance certificate lets the executor distribute without the risk of being personally responsible for unpaid tax, so executors often keep back part of the estate until it arrives. An explained delay is normal; months of silence are not.

When the executor will not act

If written requests go nowhere, BC law gives beneficiaries several routes, each through the court:

• An order to pass accounts. The court reviews the executor's handling of the estate, including any compensation claimed.
• Removal or replacement. Under section 158 of WESA, a person with an interest in the estate, including a beneficiary, can apply to have the personal representative removed or passed over, and the court can appoint a substitute under section 159.
• Acting for the estate. Under section 151, a beneficiary can, with the court's permission, start or defend a proceeding on the estate's behalf. The court considers whether the beneficiary made reasonable efforts to get the executor to act, gave notice, is acting in good faith, and whether the proceeding is necessary or expedient to protect the estate or the beneficiary's interests.
• A wills variation claim. If you are the will-maker's spouse or child and the will does not make adequate provision for you, the 180-day deadline applies. Our guide to contesting a will in BC explains who can claim.

Each takes time and money, so they make most sense after a clear written request has been ignored.

What beneficiaries cannot insist on

Your rights are real, but they have limits. Because the executor holds the authority over the estate, beneficiaries generally cannot:

• Run the administration. Choosing the realtor, deciding when to list the house or picking advisers is the executor's call. The executor has to act for all the beneficiaries, not only the most vocal one.
• Demand early payment. The 210-day period, debts and taxes generally have to be dealt with first.
• Help themselves to estate property. Taking items from the house or collecting rent before distribution can create problems for everyone, including you.

If you disagree with a decision, say so in writing and explain why. If the decision puts the estate at real risk, that is the time to get advice. Executors who want to see the process from their side can read our step-by-step guide to executor duties.

Practical steps if communication has stalled

• Ask in writing. A short, polite email or letter with specific questions is easier to answer and creates a record.
• Keep records. Note the dates of your requests and the answers, and keep copies of the notice, the will and any accounts.
• Track the grant date. The 180-day wills variation deadline and the 210-day distribution period both run from the date the grant is issued, not the date of death.
• Get advice before you sign. Executors often ask beneficiaries to approve the accounts and sign a release before final distribution. Understand what you are releasing before you sign it.

Kept in the dark as a beneficiary? Find out what you can ask for

Our probate and estate lawyers can review the will and the information you have been given, help you request an accounting, and advise on the court options if the executor does not respond.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.