If you’ve been named as a beneficiary in a will, it’s natural to wonder when you’ll actually receive your inheritance. Estate administration is rarely straightforward. The larger the estate, the more blended the family, or the more complex the assets involved are, the longer the process tends to take.
Many beneficiaries don’t realise that inheritances are not paid out immediately after a will-maker passes away. An executor, the person entrusted by the will-maker to manage and distribute the estate, is bound by BC law as to when they can actually distribute assets. However, there does come a point when delays stop being normal and start becoming a problem.
If you have not received communication or assets from the executor after a certain point, legal action may be necessary. Whether you were named in the will or believe you should have been, knowing the timelines that govern estate administration in BC can help you recognise when something has gone wrong and what you can do about it.
How Long Can an Executor Withhold Money From a Beneficiary?
In BC, estate administration is governed by two pieces of legislation: the Wills, Estates and Succession Act (WESA) and the Trustee Act. These establish both when an executor is permitted to distribute assets and what happens if they fail to do so within a reasonable time. In short, there are three distinct phases: what happens before probate is granted, what happens after probate is granted, and what happens once the executor’s year has passed.
The Executor Must Apply for Probate
Once a will-maker passes away, the executor’s first matter of business is applying for probate. Before a grant of probate is given by the court, an executor cannot access bank accounts, transfer property, or take most of the formal steps required to fulfill the wishes in a will.
While a common guideline is to file within a few months of death, there is no hard deadline in BC law that compels the executor to do so. Once an application is filed, the process itself can take around six months to complete, though this varies depending on the complexity of the estate and court processing times. Problems arise when an executor delays or refuses to file the probate.
In these situations, section 108 of WESA allows anyone with an interest in the estate to demand a decision: either accept the role and proceed, or renounce it so that someone else can step in. An executor named in a will has not technically taken on the role until they apply for probate, meaning section 108 can force them out of the responsibility.
If the executor receives a formal citation to act, they have six months from the date of citation to either obtain a grant of probate or formally renounce their role. If they do neither, they are deemed to have renounced their appointment; the person who served the citation, or another interested party, can apply to administer the estate in their place.
The Earliest an Executor Can Pay Out
Even once probate is granted, the executor cannot simply begin distributing the estate. Section 155 of WESA imposes a mandatory 210-day hold on distributions, beginning on the date the probate grant is issued. This waiting period exists because beneficiaries and other eligible parties have 180 days from the probate grant to file a wills variation claim, plus an additional 30 days to serve the executor.
The only exceptions are a court order or written consent from every beneficiary and every person eligible to bring a wills variation claim. In theory, if everyone with an interest in the estate agrees that the will is in order and consents to early distribution, the executor can proceed before the 210 days are up. However, this situation is fairly rare. For instance, disputes commonly arise when some beneficiaries receive more than others or certain family members get excluded from a will entirely, despite having a legal right to bring forth a variation claim.
It is also important to understand that the 210-day mark does not automatically clear the path to distribution. If any litigation is pending at that point, whether a wills variation claim, a dispute between beneficiaries, or any other proceeding that could affect how the estate is distributed, the executor cannot distribute without either resolving that matter or obtaining a court order permitting them to proceed. The 210-day hold sets the earliest possible date for distribution, but active legal disputes can delay that date indefinitely.
The Latest an Executor Can Withhold Money From a Beneficiary
Beyond the 210-day floor, the common law sets a softer ceiling on how long an executor can take. The executor’s year gives the executor about one year from the date of death to complete the administrative groundwork required to fulfill the deceased’s wishes. This includes gathering assets, paying debts, filing tax returns, obtaining a clearance certificate, and preparing accounting. This principle does not appear in BC statutes, but it is well-established in courts. During this period, beneficiaries generally cannot compel the executor to distribute.
Importantly, the executor’s year is neither a guaranteed grace period nor a deadline to start working. Rather, it’s a reasonable expectation that the executor is handling key aspects of their role in the background before the actual distribution can take place. Also, this timeframe includes the 210-day hold period, meaning it is reasonable to expect the executor to use that waiting time proactively so that once they are conceivably able to, the executor can distribute assets accordingly with no further delay. Where this becomes a problem is when an executor treats the 210-day hold as an excuse to do nothing, and then claims they need more time once it expires.
Given that the 210-day hold alone can push a typical estate close to or past the one-year mark, straightforward BC estates generally take somewhere between 12 and 18 months from the date of death to final distribution. Beneficiaries should be watching for whether or not the executor is actively working and communicating throughout the process.
Under the Trustee Act, if two years have passed since the probate grant and the executor has not obtained written approval of their accounts from all beneficiaries, they are required to pass their accounts before the BC Supreme Court. When this happens, the executor must produce a full financial account of everything that has come into and gone out of the estate, disclose any compensation they are claiming, and explain to the court why the estate is still unsettled.
The court has the authority to order the executor to take specific steps to move administration forward if deemed necessary. In serious cases, the court may even remove the executor if it doesn’t find the executor willing or able to complete their duties.
When It’s Time to Take Legal Action
If you are concerned that an executor is not meeting their obligations, a good first step is to send a formal written request asking for an estate update, a timeline, and a full accounting. This creates a paper trail and puts the executor on notice, and in some cases, it is enough to get things moving. If it isn’t, we can help.
At Stephens & Holman, our estate litigation lawyers have extensive experience representing beneficiaries throughout BC who are not receiving what they are entitled to. Whether that means submitting a formal citation, pursuing a court order, or contesting a will on your behalf, we will work to protect your rights and pursue the inheritance you are owed. Contact us today to schedule a consultation.