Can I Name an Executor Who Lives Outside BC or Canada?

November 7, 2025

Executor & Estate Administration

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Choosing an executor is a personal decision, but it's also a legal one. In British Columbia, you're allowed to name someone who lives in another province or another country, but doing so comes with risks. Many people don't realize that choosing an executor who doesn't live in BC, or even Canada, can delay probate, add legal costs, and create unnecessary stress for your beneficiaries.

At Lilian Cazacu Notary Corporation, we often meet clients who want to name a sibling, close friend, or child who lives abroad as executor, which is understandable, but it’s not always the best choice.

Let’s look at the facts.

Can you name an executor who lives elsewhere? Yes.

Should you? That depends.

This blog article will walk you through:

What the law says about naming someone outside your province or country;
The practical and legal challenges they face;
Options if you don’t have someone local; and
How Lilian Cazacu’s team helps make this process smoother.

By the end, you’ll be able to make an informed decision that protects both your estate and your loved ones.

What Does an Executor Do in British Columbia?

An executor is the person named in your Will to:

Apply for probate if needed;
Handle debts, taxes, and final expenses;
Distribute assets according to your instructions; and
Communicate with the court, financial institutions, and service providers

The court will supervise some of this process, and delays can be costly. Since this role takes time and requires careful attention, if your executor lives far away, everything becomes harder.

Can You Legally Name an Executor Who Lives Elsewhere?

Yes - BC law allows it. Under the Wills, Estates and Succession Act, there is no restriction against appointing someone from another province or country; however, legal permission is not the same as legal ease.

Problems with Executors Who Live Outside BC

1. Probate Gets More Complicated

When your executor applies for probate, the court must confirm their identity and ability to act. If they live outside BC, the court may:

Require a bond or guarantee;
Delay probate until that bond is in place;
Ask that a BC-based representative be appointed.

Even if your Will waives the bond, the court might still require one if the executor doesn't live in Canada.

2. Bonds Are Not Easy to Get

A bond protects the estate in case the executor mismanages funds. These are purchased from private companies, and:

They can cost thousands of dollars;
Some companies won’t issue them to foreign residents;
The required amount may be equal to the full estate value.

If the bond cannot be secured, the court may refuse to grant probate to your chosen executor.

3. Tax Residency Becomes a Problem

Executors must file final tax returns and manage financial matters. If the executor isn’t a Canadian resident, this may:

Complicate how the CRA views the estate;
Lead to more tax reporting and delays;
Trigger loss of some tax benefits; and/or
Trigger additional tax reporting requirements in the executor’s country of residence.

These rules are often overlooked, but they carry serious financial and logistical consequences.

4. Everything Moves Slower

Shipping documents, verifying signatures, and coordinating from different time zones all cause delays, risk of errors, and miscommunication. If the executor has never dealt with Canadian legal documents, it becomes even harder.

5. The Court Might Reject Your Choice

The BC’s probate court has the final say. If your executor lives too far away or appears unable to fulfill the role effectively, the court can refuse to grant them authority. It may require that they appoint someone else who lives in BC or has legal expertise here.

Executors Who Live Elsewhere in Canada

If your executor lives in Alberta, Ontario, or another province, the court is more flexible. You may still face:

Delays due to travel or document issues;
Extra steps in communication; or
A possible bond requirement

Still, it’s less complex than appointing someone who lives outside Canada.

Executors Who Live in the U.S. or Overseas

This is where things become challenging. Courts will carefully examine whether the person can reasonably manage the estate. Concerns include:

Inability to enforce Canadian law;
Limited access to financial institutions; and
Difficulty managing assets in BC.

For example, if your home is in Langley and your executor lives in New York or London, the process of selling the property or working with a notary becomes much more complicated. Most critically, if the Canadian Revenue Agency determines the estate having a non-Canadian residency, this could trigger additional delays, tax holdbacks, and other potential tax liabilities.

Better Options for Choosing an Executor

If your “first choice” doesn’t live in BC or Canada, here are some safer alternatives.

1. Name Someone in BC as Co-Executor

You can appoint two people as co-executors. One could be your daughter in Ontario, and the other a family friend in Aldergrove. As long as both persons could work with each other, the local person can handle in-person responsibilities while keeping your trusted relative involved.

2. Appoint a Professional Executor

If you don’t have someone in BC, consider a:

Trust company;
Lawyer; or
Notary.

Yes, there are fees involved, but even your daughter or your sister may charge for their “executor services”, and sometimes, a friend or a family member could charge just as much or even more than a professional executor would.

3. Include Strong Instructions in Your Will

Even if you name someone outside BC, a well-drafted Will helps and it should list:

All major assets;
Contact information for legal and financial advisors;
Clear guidelines on debts and funeral wishes.

This would help any executor, but it’s especially important if they’re managing the estate remotely.

What Can Go Wrong if You Choose the Wrong Person

If the executor can’t act or is rejected by the court, the estate can be tied up for months, and sometimes, the Public Guardian and Trustee must step in. This public official has authority to manage estates when no one else is legally available.

Even if the executor is approved, delays and legal fees can reduce how much your beneficiaries actually receive.

Our Advice: Make It Easy for the Court (and for the family)

Lilian Cazacu, Notary Public and his team help clients choose executors who can actually fulfill the role. That means considering location, willingness, legal and timeline abilities, and other logistics.

Also, we draft Wills that include:

Backup executors;
Legal explanations; and
Clear authority clauses.

This saves your family time, money, and stress.

What If You’ve Already Named Someone Abroad?

If your current Will lists an executor who lives outside Canada, you could schedule a review. In the meantime, ask yourself:

Can they travel here if needed?
Do they understand Canadian & BC legal systems?
Are they financially able to act?
Should you name someone closer as a backup?
Would that create any consequences and tax reporting obligations in their own jurisdiction?

If this is the only change you’d like to make while the current Will should remain as it is, we can update your Will without having to rewrite the entire thing. In such a situation, a Codicil could be enough to make the necessary change.

Real-Life Case from the Fraser Valley

In one case, a woman appointed her brother in Europe as sole executor. When she passed away, he couldn’t get the bond needed to act. The court refused to grant probate. Eventually, her adult children had to apply to court to be appointed as administrators, costing them more than $10,000 in legal fees and adding more than a year to the process.

Had a BC executor (and/or an alternate) been named, this could’ve been avoided.

Helpful Resources and Related Blogs

These articles tie closely into estate planning decisions, especially for those who plan to leave property behind.

Final Thoughts

Yes, BC law allows you to name an executor who lives outside the province or even outside Canada. However, that doesn't mean it's always a good idea.

If your executor is not a BC resident, you’ll likely face extra costs, delays, legal hurdles, and tax complications. When possible, appoint someone local, someone familiar with Canadian laws, or someone with professional support available. That way, your estate can be handled smoothly and your loved ones won’t be stuck waiting.

Need help updating your Will or naming the right executor?

Contact Lilian Cazacu Notary Public today for a consultation.

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