What is the executor's duty to distribute the estate to the beneficiaries?

British Columbia, Canada


The following excerpt is from Kolic Estate (Re), 2016 BCSC 1312 (CanLII):

The primary duty of an executor is to preserve the estate assets, pay the debts and distribute the balance to the beneficiaries entitled under the Will, or in accordance with any order made varying the terms of the Will. The executor should not pick sides between beneficiaries, and should be indifferent as to how the estate is to be divided: Quirico v. Pepper Estate, 1999 CarswellBC 2177.

Other Questions


Is an executor's duty to settle the affairs of the estate and distribute the estate to beneficiaries? (British Columbia, Canada)
Is an executor obligated to pay the debts of the estate before distributing the assets to the beneficiaries? (British Columbia, Canada)
Can a co-executor be removed from the role of executor if the executor and beneficiary are at odds? (British Columbia, Canada)
Can an executor be unreliable if they fail to produce documents requested by the beneficiaries or ordered by the executor? (British Columbia, Canada)
Can an Executor of an Estate make interim payments to beneficiaries of a will, notwithstanding a pending claim for variation of the will? (British Columbia, Canada)
Does the executor of an executor's estate have the burden of proving the work done justified an allowance? (British Columbia, Canada)
What is the testatrix's reason for unequal distribution of the estate? (British Columbia, Canada)
Is there any case law where a beneficiary is not a beneficiary under a Shareholders Agreement? (British Columbia, Canada)
In what circumstances will a judge order special costs against an executor who has been found to have mismanaged an estate? (British Columbia, Canada)
What is the standard of care of executors in the administration of an estate? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.