Baker Newby
January 20th, 2023
If you don’t select an executor or trustee for your estate, or if the person you named refuses to act in that role, then someone may apply to the court to be appointed as an administrator of your estate.
An administrator has similar duties and obligations as an executor of an estate. If an executor is not named or is not willing to act, and no one else applies to administer an estate, the Public Guardian and Trustee of British Columbia may end up administering the estate.
The Wills, Estates and Succession Act establishes priority for individuals who may administer the estate. The priority is as follows:
- Any other person the court considers appropriate to appoint, including the Public Guardian and Trustee of British Columbia.
- A spouse or person nominated by the spouse.
- A child with the consent of the majority of the children or a person nominated by that child.
- A child without the consent of the majority of the children.
- An intestate successor other than the spouse or child with the consent of the majority of intestate successors.
- An intestate successor other than the spouse or child without the consent of the majority of intestate successors.
It is important to understand the difference between an executor and a trustee of an estate, as these estate administration roles play a vital part in British Columbia’s probate process.
When creating a will, individuals typically name an executor, who is the person responsible for carrying out the instructions in their will. A trustee, on the other hand, is appointed to administer a trust for the benefit of the beneficiaries of the trust.
