Individuals creating a last will and testament may select a representative, known as an executor, to carry out their final wishes and handle matters of their estate after they pass away. Executors are responsible for ensuring that such affairs, including asset distribution and debt payment, are managed efficiently and in accordance with the will and BC law. But what if an executor refuses to act on their duty? Under proper circumstances, beneficiaries may fight to either get the executor to take action or even get a new estate administrator to take over. In some estate litigation cases, a lawyer may even help you hold an executor liable in court if their inaction results in financial issues.
What Is An Executor?
An executor is usually selected by the will maker, also called the testator, to handle the legal and financial aspects of the estate after death. If no executor is chosen, eligible individuals can apply for a grant of administration to assume the role. Eligible individuals include the deceased’s spouse, the deceased’s children, a representative chosen by the majority of the deceased’s children, or an heir.
What Does An Executor Do?
The executor’s primary role is managing the estate as directed by the will. Some key tasks include:
- Informing beneficiaries on the status of the estate, including assets and debts, as well as how these will be handled.
- Inventorying the estate to determine a full list of items, properties, debts, and other resources or responsibilities.
- Obtaining a grant of probate to validate the will.
- Managing assets, such as transferring property, collecting and paying debts, or selling property.
- Filing taxes, such as income or property taxes.
- Distributing the estate assets according to the terms established in the will, including settling debts or other expenses.
- Providing detailed accounting reports that contain estate assets, debts, receipts, disbursements, and distribution approval by the beneficiaries or the court.
Executor Communication with Beneficiaries
Communication may be an essential part of the executor’s role but that doesn’t mean executors are legally obligated to consult with the beneficiaries regarding all last will and testament decisions. However, executors must provide beneficiaries with enough relevant information to understand the will is being executed accordingly. If an executor is not being communicative through emails or calls, beneficiaries should write a letter using polite and direct language outlining concerns about the lack of communication or action.
Can an Executor of a Will Refuse to Act?
Executors do have the right to renounce their role as executor as long as they have not already started intermeddling, or acting upon estate affairs. Once they start any work as executor, they lose their right to refuse the role and could be held liable in the event they do not carry out affairs correctly if this inaction negatively affects beneficiaries. If an executor simply refuses to act or isn’t prompt in their actions, beneficiaries can petition the court under the Estate Administration Act to mandate that the executor act upon the will. Courts may also appoint an administrator to manage the estate instead, effectively removing the executor from their role.
Grounds to Remove an Executor
The best circumstance in these cases is to compel the executor to act. If this fails, removing the executor may be necessary. However, simply having poor communication with an executor is not a valid cause for removal. Beneficiaries must demonstrate one of the following:
Refusal to act
If an executor refuses to fulfill their role or lacks the capacity to perform required duties.
Property and asset engagement
When the executor’s actions, or lack thereof, place estate assets at risk.
Dishonesty
If the executor acts in bad faith and breaches their fiduciary duties.
Failure to act with fidelity
If an executor fails to carry out their responsibilities with the loyalty and diligence expected of them, such as undue influence.
Consequences of Executor Inaction
An executor’s refusal to act or delays in performing their duties can lead to several disputes, legal challenges, and significant costs. Beneficiaries often depend on timely inheritance payments. By not receiving their inheritance, they may face severe financial stress. The estate itself may suffer, as assets may lose value over time. Property is highly vulnerable to inaction, especially if it has not been maintained or sold promptly. Meeting deadlines, such as filing taxes, is crucial for avoiding penalties or interest charges. Timely execution also helps reduce the emotional strain that so often impacts beneficiaries, as it can offer them a sense of closure.