How to Find a Will in Canada

Finding a will in Canada can be a complex process, but understanding the steps involved can make it more manageable. This guide provides a comprehensive overview of the methods and resources you can use to locate a will in Canada.

1. Determine the Possible Location
Before diving into specific methods, it's important to identify where the will might be located. In Canada, wills are often kept in a safe place by the deceased or their legal representative. Common locations include:

• Home: The deceased might have stored the will in a personal safe or file cabinet.
• Lawyer's Office: Many individuals choose to have their will stored with their lawyer or notary.
• Probate Court: In some cases, the will may be lodged with the court, especially if probate has been filed.

2. Check with the Family
Family members and close friends may have information about the whereabouts of the will. It's common for people to inform their loved ones about where their will is stored or who holds it. Contacting family members can provide valuable leads.

3. Contact the Lawyer
If you know the deceased had a lawyer, this is one of the first places to check. Lawyers often retain copies of wills or have information about where the will might be stored. If the lawyer is no longer available, try contacting the law firm for records or references.

4. Search Local Probate Court Records
In Canada, when a will is probated, it becomes a matter of public record. To check if a will has been probated, visit the local probate court in the area where the deceased lived. You can request access to probate records, which may include the will itself.

5. Check with the Estate Trustee
The estate trustee (or executor) is responsible for managing the deceased's estate according to the will. If the estate trustee is known, they can provide information about the will and its location.

6. Utilize Will Registries
Some provinces and territories in Canada maintain will registries where individuals can voluntarily register their wills. These registries are designed to help locate wills more efficiently. Check with the appropriate provincial or territorial registry to see if the will has been registered.

7. Investigate Safe Deposit Boxes
If the deceased used a safe deposit box, the will might be stored there. Contact the financial institution where the safe deposit box was held. You will need to provide proof of death and, in some cases, obtain legal authorization to access the box.

8. Search for Online Resources
In recent years, some provinces have introduced online resources for locating wills and other estate documents. Explore online databases and resources provided by provincial or territorial governments.

9. Consider a Private Investigator
If all other methods fail, hiring a private investigator with experience in locating wills might be a viable option. Private investigators can conduct thorough searches and use their expertise to find the will.

10. Legal Advice
If you're struggling to locate a will, it might be helpful to consult with an estate lawyer. They can provide guidance on the legal aspects of locating a will and offer advice on next steps if the will remains elusive.

Finding a will can be a challenging process, but with persistence and the right resources, it is possible to locate it. By following these steps, you can increase your chances of finding the will and ensuring that the deceased's wishes are honored.