Can A Beneficiary Sue On Behalf Of An Estate In BC? Understanding Section 151 Of WESA

When someone passes away, the executor or administrator of the estate is usually responsible for bringing legal claims on behalf of the estate. But what happens if the executor refuses to act, has a conflict of interest, or fails to protect estate assets?

In British Columbia, section 151 of the Wills, Estates and Succession Act (WESA) provides an important legal remedy. It allows certain individuals, including beneficiaries, to ask the court for permission to bring a claim on behalf of the estate when the personal representative will not do so. This can be a critical tool for protecting estate assets and ensuring that beneficiaries receive what they are entitled to under the law.

What Is Section 151 of WESA?

Section 151 allows a beneficiary under a will, intestate successor, or a person that can make a wills variation claim (spouse or child of the deceased) to seek court approval to commence or defend legal proceedings on behalf of an estate. Normally, only the executor or administrator has that authority. However, the court can grant leave when doing so is necessary to protect the estate’s interests.

This provision is often used when:

• An executor refuses to pursue a claim;
• The executor has a conflict of interest (for example, if the executor is the person the claim is against); or
• Legal action is needed to preserve the value of the estate.

Examples of cases where leave may be required include:

• Claims to recover assets that were transferred outside of the estate, including claims against real estate or joint bank accounts;
• Claims regarding misuse of a power of attorney;
• Family law claims; and
• Claims to recover debts owed to the deceased.

When Will the Court Grant Permission?

The court will not automatically allow a beneficiary to bring a claim. The applicant must generally show:

1. They made reasonable efforts to persuade the executor or administrator to act;
2. Proper notice was given to interested parties;
3. The application is made in good faith; and
4. The proposed claim is necessary or expedient to protect the estate or beneficiaries.¹

The court’s goal is to ensure legitimate claims are pursued while preventing unnecessary litigation. Some evidence must be provided to show that the claim is at least arguable.

How Can a Lawyer Help?

Applications under section 151 often involve complex procedural and evidentiary requirements. Success depends on demonstrating that the proposed claim is legitimate and that the statutory requirements have been met.

At Watson Goepel LLP, our estate litigation lawyers regularly advise beneficiaries, executors, and family members involved in estate disputes, executor conflicts, WESA claims, and inheritance litigation throughout British Columbia. We help clients assess whether a section 151 application is appropriate and represent them through the court process when necessary.