No Executor of this Estate

Photo by Wolfgang Zenz

executor of an estate vancouver bc canada

This is a question I recently had from the family of a deceased relative:

Q: My Aunt just passed away. The executor of her will passed away the year previously. Her only remaining family includes the 4 beneficiaries (all her nieces and a nephew). Do the duties of executor then go to the oldest?

A: Unfortunately, if your aunt did not name an alternate executor in her will, there is no executor and none of you can simply step in and take over as executor. One of you will have to apply to court to be appointed administrator of her estate.

There is a specific procedure to apply for letters of administration in the Probate Registry of the Supreme Court of British Columbia. This involves depositing the original Will along with a requisition and the required affidavit or affidavits to show why there is no executor and why an administrator must be appointed. Once administration has been granted, the administrator or administrators stand(s) in a position vis-à-vis the testator’s estate in the same way as an executor would. Because these kinds of applications are very technical in nature, it is advisable to consult a lawyer either for advice about how you can do this yourself, or to assist you in filing the required documents.

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