Executor

An executor is the person named in a will to carry out its terms, including managing and distributing the deceased's estate. Under the Wills, Estates and Succession Act (WESA), BC now uses the umbrella term 'personal representative' to refer collectively to both an executor (named in a will) and an administrator (appointed by the court when there is no will), reflecting modern, gender-neutral language. Both roles carry essentially the same legal duties and powers with respect to the estate.

In most cases, yes — an executor will need to obtain a Grant of Probate from the BC Supreme Court before a buyer's title insurer or the Land Title Office will accept the executor's authority to transfer real property. WESA governs the probate process in BC, and the Grant of Probate confirms the executor's legal authority to deal with estate assets, including real estate. There are limited exceptions, so legal counsel should be consulted for the specific circumstances of the estate.

An executor acting as a personal representative under WESA owes a fiduciary duty to the beneficiaries and must act in their best interests, which generally means achieving fair market value when selling estate property. Selling below market value to a connected party could expose the executor to personal liability and legal challenge by beneficiaries. Independent legal advice is strongly recommended before proceeding with any related-party transaction involving estate real property.

Certain transfers of real property from an executor or personal representative to a beneficiary named in the will may qualify for an exemption under the BC Property Transfer Tax Act. However, the specific conditions for this exemption are detailed and must be met precisely, so the current BC Ministry of Finance guidance and the Property Transfer Tax Act should be consulted to confirm eligibility before completing the transfer. A lawyer or notary can assist with the exemption application.

Before listing estate property, a BC real estate licensee regulated under the Real Estate Services Act (RESA) should confirm the seller's authority by reviewing the Grant of Probate or Grant of Administration issued by the BC Supreme Court under WESA, which formally authorizes the personal representative to deal with the property. The BCFSA expects licensees to take reasonable steps to verify a client's authority and identity as part of compliant agency practice. Listing without confirming this authority could expose both the licensee and the estate to legal and regulatory risk.

Under the Real Estate Services Act (RESA) and its Rules, a licensee must have a written service agreement in place before providing trading services, and this requirement applies equally when the client is an executor acting on behalf of an estate. The agreement should identify the executor in their representative capacity (e.g., 'Jane Smith, Executor of the Estate of John Smith') to accurately reflect the legal relationship. The BCFSA provides guidance on compliant service agreements, and licensees should ensure the agreement is signed by the executor once their authority under WESA has been confirmed.

No — a Form F (Certificate of Payment) issued by the strata corporation under the Strata Property Act (SBC 1998, c. 43) is required to complete the sale of a strata lot, regardless of whether the seller is an executor or an ordinary owner. The Form F confirms that all strata fees, special levies, and other amounts owed to the strata corporation have been paid. An executor selling a strata lot should also obtain the Form B (Information Certificate) early in the process to provide the buyer with required strata disclosure.

If estate property is located within the Agricultural Land Reserve (ALR), the Agricultural Land Commission Act (SBC 2002, c. 36) and the Agricultural Land Commission's regulations continue to apply to that property regardless of the change in ownership through the estate. An executor dealing with ALR land must ensure that any proposed use, subdivision, or transfer complies with ALC rules, and non-farm use or subdivision applications may be required before certain transactions can proceed. The executor should consult the Agricultural Land Commission directly for guidance specific to the property.

Yes — BC's Personal Information Protection Act (PIPA) applies to personal information collected, used, or disclosed by a real estate licensee, including information gathered from or about an executor and the deceased's beneficiaries in the course of an estate transaction. The licensee must collect only the information necessary for the real estate services being provided, obtain appropriate consent where required, and safeguard that information properly. Licensees should also be mindful that information about deceased individuals may still attract privacy considerations affecting surviving family members.

Under WESA, an executor may have the authority to appoint an agent for specific tasks, such as retaining a real estate licensee to market estate property, but the executor cannot fully delegate their fiduciary responsibilities to another person without proper legal authority. If multiple executors are named in the will, they will generally need to act jointly unless the will specifies otherwise or the court grants relief. Legal counsel should be engaged to clarify the scope of delegation permitted under the specific will and WESA before any agency arrangements are made.