Choosing an Executor in BC: Who to Name and What to Consider

Naming an executor can feel like a formality at the end of a will appointment. It is not. The person you choose will gather your assets, pay your debts and taxes, deal with your beneficiaries and, if something goes wrong, answer to a court.

This guide covers the choices BC will-makers most often weigh: family member or professional, one executor or two, someone nearby or someone abroad, and what to do when circumstances change after the will is signed.

What you are asking someone to do

Your executor becomes your personal representative after you die. Section 142 of the Wills, Estates and Succession Act (WESA) gives them the same authority over your estate that you had, and requires them to administer and distribute it and to account to your beneficiaries and creditors. In practice that means finding the will, securing assets, applying for probate where it is needed, paying debts and taxes, keeping records and, eventually, handing over what is left. Our step-by-step guide to executor duties sets out the stages.

The role also carries personal risk. The Province warns that an executor may be held personally liable for the deceased's debts if they remain unpaid after the estate is distributed. And it is rarely quick: executors generally have to wait 210 days after the grant of probate before distributing.

Who can act, and what to look for

You can generally name any adult you trust. A minor is different. If a minor is named as sole executor, section 134 of WESA directs the court to grant administration to the minor's guardian or another appropriate person until the minor turns 19, after which the court may revoke that grant and grant probate to the former minor. Naming a child who may still be under 19 when you die as your only executor adds a court step at a difficult time.

Beyond the legal minimum, the qualities that matter are practical:

• Trustworthiness. They will control assets and information your family depends on.
• Organization. Much of the job is paperwork, deadlines and record-keeping.
• Even-handedness. They must act for all your beneficiaries, including people they may not get along with.
• Time and proximity. The work takes months, and it is easier for someone who lives near your assets.
• Willingness. Ask before you name them.

Can your executor also be a beneficiary? Yes. Naming a spouse or adult child who also inherits is common, and WESA expressly deals with a personal representative who is the sole beneficiary. Where several relatives share the estate and relationships are strained, though, an executor who is also a beneficiary may face questions about fairness even when they act properly.

Family member or professional?

Some will-makers name a lawyer, an accountant or a trust company, alone or alongside a family member. That can make sense where the estate includes a business or rental properties, where family relationships are strained, or where no one close to you is able or willing to take it on. Professionals charge for their work, so ask how their fees are set before you name them. If you own a company, our guide to estate planning for BC business owners covers how your shares fit in.

Always name an alternate

If your executor survives you but dies before obtaining probate, section 105 of WESA ends their appointment. If they renounce, section 104 provides that, unless the court orders otherwise, the administration passes as if they had never been named. Without an alternate in the will, someone then has to apply to the court for a grant of administration with will annexed, which adds steps and can mean gathering consents from beneficiaries.

A named alternate avoids most of that. Choose someone who would still make sense if your first choice cannot act, which often means someone from a different generation or household.

One executor or two?

Naming co-executors can share the workload and give each a check on the other. It can also slow things down, because they have to work together with banks, the Land Title Office and the court, and a disagreement between them can stall the estate. If you are considering two, think about:

• How they get on. Siblings named together to keep the peace sometimes end up in conflict over the estate itself.
• How decisions will be made. A will can say how co-executors are to decide and what happens if one cannot continue. Discuss this with your lawyer rather than leaving it open.
• Whether both need to apply. Under section 107 of WESA, an executor who does not join the probate application is not liable for estate assets that come into the hands of a co-executor or alternate. That gives some flexibility if one of them prefers not to take part.

Executors who live outside BC

If the person you trust most lives in another province or country, think through the practical side. Probate applications rely on sworn affidavits, banks and land transfers can be slower to deal with from a distance, and your executor may need to travel or appoint help locally.

There is also a tax question. The Canada Revenue Agency treats an estate as resident where its central management and control actually takes place, and notes that the residence of the trustee does not always decide that. An executor who makes the key decisions from outside Canada can raise questions about where your estate is resident for tax purposes, which is worth discussing with your lawyer and accountant. One option is to pair an executor who lives elsewhere with a co-executor or alternate in BC.

Asking first, renouncing and compensation

No one is obliged to act just because they are named. Under section 104 of WESA a named executor can renounce, and the Province's probate forms include a notice of renunciation (Form P17) for that purpose. Stepping aside is simplest at the start; once an executor has taken on the administration, getting out of the role generally takes a court application. A conversation before you sign avoids naming someone who will decline, and lets you tell them where your original will and key records are kept.

Executors in BC can be paid for their work, and if the beneficiaries do not agree on the amount, the court can fix it. If you want a particular arrangement, for example with a professional executor, raise it when the will is being drafted.

Keep the choice under review

The right executor at 45 may not be the right one at 75. Revisit your choice when:

• Your executor ages or becomes unwell. Someone your own age may not be able to act when the time comes.
• They move away. Distance adds cost and delay.
• Relationships change. A falling-out with you or with your family can make the role unworkable.
• You separate from a spouse you named. Under section 56 of WESA, unless your will shows a contrary intention, the appointment of your spouse as executor is revoked when you stop being spouses, and a later reconciliation does not restore it.

Our guide on when to update your will lists the other life events that call for a review.

Deciding who should handle your estate? Talk it through before you sign

Our wills and estate planning lawyers can talk through the people you are considering, draft executor and alternate appointments that suit your family and assets, and review an existing will when your circumstances change.

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