How Do I Remove or Replace an Executor in BC?

You need to show the court that the executor has breached their fiduciary duty, for example by acting dishonestly, taking from the estate, acting in a conflict of interest, delaying the administration or keeping beneficiaries in the dark. The court weighs these factors together when deciding whether to remove an executor.

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• Justified Reasons to Remove Executors/Trustees

Full transcript

How do I remove an executor in BC? Well you need to prove that the executor has acted against their fiduciary duty so that they somehow have breached their fiduciary duty to the beneficiaries of the will or somehow acted in a dishonest way has somehow stolen from the estate, acted in a conflict of interest, has delayed administration in order and inordinately, or otherwise basically there’s a duty for accountability as well and transparency to the beneficiaries who have a right to know what’s going on with the administration of the estate. So if the executor is keeping the beneficiaries in the dark, that also is a part of the constellation of factors that a court would consider in removing an executor from the estate.

General information, not legal advice.