Can an Executor Also Be a Beneficiary in BC?

Yes, and it happens often. Being both can create a conflict of interest, for example when the executor wants to buy estate property at a price they control. If the conflict becomes real and the executor stops acting in the estate’s best interests, a neutral administrator or professional can be brought in.

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• Can An Executor Decide Who Gets What?

Full transcript

Can an executor also be a beneficiary? What if there’s a conflict of interest? An executor can also be a beneficiary. That actually often happens. Sometimes that puts them in a conflict of interest in administering the estate, especially if a will provides for that same beneficiary, for example, to be able to buy an estate property from the estate. And if it’s the estate that decides what price its executor has the power to determine the price that they’re buying. They may run into a conflict of interest in not buying the property at fair market value from the estate. Just by virtue of the executor being a beneficiary it does not disentitle them in acting as executor for an estate.

However, you just kind of have to play the long game as a beneficiary to see if eventually that potential conflict of interest becomes an actual conflict of interest and basically look at their abilities as an executor and whether or not they’ve actually been administering the estate appropriately. When it comes time that it’s clear that there has been a clear conflict of interest and they’re not acting in the best interest of the estate you would look into obtaining the services of a neutral third-party administrator or professional who be able to administer the estate for the benefit of all the beneficiaries while there might be conflict as between the beneficiaries that need to be resolved.

General information, not legal advice.