Choosing an Executor

Your executor is the person you name to carry out the instructions in your Will. Your executor may need to get a document from the Supreme Court called a Grant of Probate. Probate means that the court confirms that everything necessary has been filed, and that financial institutions and the land title office can rely on the Will. Some estates that involve only a small amount of money (under $25,000) may not need to go through probate. It is up to the third parties who hold the deceased’s assets whether they will give you those assets without probate.

An executor is responsible for settling your affairs. This usually involves selling some assets, preparing the final tax return, paying any outstanding debts, applying for the Canada Pension Plan death benefit, and distributing the estate. How much time this takes depends on how complicated your affairs are.

Who should I choose to be my executor?

An executor needs to be a reliable adult. Most people ask a family member or close friend to be their executor.

An executor needs to be someone you trust and who has the ability to carry out the instructions in your Will. It’s best if he or she is also familiar with your situation and your wishes. You can also appoint a lawyer, a Notary Public, a private trust company or the Public guardian and Trustee as executor. An executor can be one of your beneficiaries.

Your executor can be someone who does not live in the province, but all procedures to settle the estate will be done in BC. Sometimes an executor finds that the job is too much. He or she then has the option of employing a lawyer. There is also the possibility of help from the Office of the Public Guardian and Trustee:

700 - 808 West Hastings Street Vancouver, BC V6C 3L3 Phone: 604 660-4444 www.trustee.bc.ca

Make the job easier for your executor

Ask the person if he or she is willing to be your executor.

• Discuss your wishes with the executor, including burial and cremation.
• Register your Will, and tell your executor where the original Will is kept. It would be a good idea to keep it somewhere where others can access it.
• Keep an up-to-date, detailed record of all that you own and all that you owe. For example, bank accounts, RRSPs or RRIFs, insurance, real estate, and pension benefits. Note any items which are owned in joint tenancy or which name a specific beneficiary. These are dealt with outside the estate, so the executor does not have to manage them.
• Talk to family members, the beneficiaries, or anyone who may be entitled to a share of the estate. explain what your plans are. This will prevent problems later.
• Review your Will and your choice of executor every few years or when your circumstances change.
• Update the Will if there are any changes.

Choose an alternate executor

It is very important to name at least one alternate or back-up executor in your Will. If the executor is unable or unwilling to act, the alternate can take over.

Can more than one person act as executor?

You can appoint more than one executor in your Will. However, all executors must agree to this arrangement. In most matters, all executors must agree and must act together. This means that one of the executors can act “to bind the estate” or tie up details, such as arranging the funeral.

If you appoint more than one executor, consider if they will be able to work together. You should discuss your wishes with both of them. It’s best if you can do this with them together. If one executor dies, the other one can act alone.

Sometimes people choose three executors so if there are disagreements, the executors can vote and the majority will decide. However, you need to say in the Will that this is what you want (otherwise all decisions must be unanimous). You also must say that the executor who doesn’t agree with the other two will still go along with the decision and sign any necessary papers. (This is called a majority rule clause.)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2014.

Writing Your Will © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.