High bar to remove executor confirmed again

Recently released reasons in Tam Estate, 2026 BCSC 738 confirmed that in most cases one needs to show unexplained wrongdoing on the part of the executor in order to have them dismissed. In this case the court had before it several sources of beneficiary frustration, including a delay of 3.5 years before a probate application was made, but ultimately decided that the personal circumstances of the executor (including mental health issues which resolved) was justification enough to leave her in her role:

[39]         While the administration of this estate has, without a doubt, been slow, I am not satisfied that there is any benefit to be garnered from replacing the executor at this stage. First, I am not satisfied that the delay to date establishes a want of reasonable fidelity. I accept that the respondent has faced difficulties. Although those difficulties do not fully explain the length of the delay, I am confident that she will take the necessary steps as she moves forward.

[40]         Second, I note that the Deceased named Lisa, and I should honour her wishes. I add to that consideration the fact that the majority of the beneficiaries want Lisa to continue.

[41]         Third, there are only a few steps that remain in the administration of the estate: closing of the two RRSP’s, the payment of the taxes, filing returns, obtaining the clearance certificate, the passing of accounts and final distribution of the remaining funds. Those steps should be easily accomplished by the current executor.

[42]         I accept that there has been some antipathy between the executor and Sarah. However, that antipathy appears to exist between Sarah and all of the siblings. Again, I note that Lisa continues to have the support of the other beneficiaries. I am not satisfied that this level of conflict meets the test contemplated in the caselaw.

[43]         On those grounds, I decline to exercise my discretion to remove Lisa as the executor of the estate. It follows that I do not need to consider the other issues which would flow from any such removal.