Legal Question in Wills and Trusts in Canada

Our firm can give answers only as they apply to British Columbia, but we believe the answer to this question is likely the same anywhere. An executor has one duty - to carry out the instructions in the will. If the executor gives a preference to someone else and thereby harms another, the executor is in breach of his duty, and the Court can remove him and appoint someone else. However, you should note that wills do sometimes contain clauses that allow an executor to postpone carrying out instructions. But - this is to be done in the interest of the heirs, and not to benefit someone else at the expense of the heirs. You can not deal with this problem alone; it is far too complex. You need a lawyer and you need one now. Do not hesitate -call your local lawyer referral service (the number is usually found online or in a phone directory) and seek a lawyer experienced in estate litigation.