How can I remove an estate’s executor?
A person concerned about an executor’s conduct can apply to the Court for an order to remove the executor from their role. The Court must be satisfied that the estate and/or the beneficiaries’ best interests will be at risk if the executor is allowed to continue administering the estate.
Common reasons for removing an executor include the executor causing an undue delay in the estate’s administration or distributing of the estate assets, misappropriating estate property, or taking their compensation from the estate funds before they are allowed to do so (or taking too large a share).
What do I do if I don’t feel I received a fair share of an estate under a Will?
In British Columbia, a testator’s spouse or child can challenge a legally valid Will under the Wills, Estates and Succession Act if they believe the Will does not adequately provide for their maintenance or support. Whether the Court will vary the Will to provide more for the testator’s spouse or child will depend largely on the circumstances of each case, including the estate’s value, the testator’s relationship with the spouse or child, the spouse or child’s financial means, or the testator’s promises to provide for the spouse or child.