You are here

As a beneficiary of an estate, can I request an executor bond in BC when the executor is located outside the province?


If you haven’t found the answer to your question in the Everyday Legal Problems menu above, browse answers from volunteer legal professionals to questions that others have asked.

Still can’t find the answer? Submit your own question.

As a beneficiary of an estate, can I request an executor bond in BC when the executor is located outside the province?
My brother has been named executor of our father's estate. My brother is estranged from me; I have had no communication from him over the past 10 years. He lives in Alberta. Can I apply to the court for a bond to ensure my brother executes his fiduciary responsibilities to me and my siblings, as we have been named as beneficiaries of the estate as well as my brother.

Out of province executor - Jack Micner's answer

I’m going to assume that your father lived in British Columbia. This would mean that the administration of his estate would be governed by BC law. (If your father lived in Alberta, the laws of Alberta would apply to the administration of his estate, and the following answer would be different.)

Under BC law, a person interested in the estate can apply to court to require the executor to provide “security” for the administration of the estate. This security, also known as a “bond”, is an amount of money deposited at the court. It protects the beneficiaries and creditors of the estate in the event the executor improperly administers the estate.

Before making such an application, you will want to see the terms of the will. In wills that I draw, there is always a clause covering bonds. The willmaker can require the executor to provide a bond. A bond can be expensive; it depends on the size and circumstances of the estate.  

If the will does not require the executor to provide a bond, it can be challenging to convince a court to order one. On your summary of the facts and background, you may not have enough evidence to show your brother is likely to “mis-distribute” the estate (or otherwise be bad).    

You may want to look at other avenues to monitor the executor’s work. If your fear is that he will not distribute the estate in accordance with the terms of the will, you may want to consider applying to court for an order replacing the executor or for an order adding you as a co-executor.  

Written December 20, 2017

Was this helpful?