How to Get a Copy of a Will in Ontario: Steps & Legal Guide
Getting a copy of a will in Ontario is an important step when someone passes away.
We can obtain the will by checking with the local Superior Court of Justice where the deceased lived. Most wills are filed there when probate is applied for.
This is often the simplest way to access the document. It helps us understand the distribution of the estate.
If the executor has not applied for probate or is unwilling to share the will, there are legal steps available.
People with a financial interest in the estate can apply to court to order anyone holding the will to produce it.
Knowing these options helps us navigate the process confidently. It also protects our rights.
Sometimes, contacting the lawyer or paralegal who prepared the will can help.
Ontario has commercial will registries, but these are less common.
Understanding where and how to look increases our chances of finding the will quickly. This reduces stress during the process.
Who Can Obtain a Copy of a Will in Ontario
In Ontario, several parties have the right to access a copy of a will after the person who made the will has died.
Access depends on the individual’s connection to the estate and their legal standing.
Understanding who qualifies helps us know the right steps to take when requesting the document.
Role of the Estate Trustee and Executor
The estate trustee, often called the executor, is the person named in the will to manage the deceased’s estate.
This person has a legal duty to apply for probate, which confirms the will’s validity.
Once probate is granted, the estate trustee gains the authority to deal with assets like bank accounts, property, and shares.
The estate trustee usually has the original will and is responsible for distributing copies to beneficiaries or other interested parties.
Institutions require proof of probate to work with the estate trustee.
If the estate trustee refuses to share the will, those affected may need to take legal steps to obtain it.
Beneficiaries and Their Rights
Beneficiaries are people named in the will to receive assets or benefits.
They have a clear financial interest in the estate and are entitled to request a copy of the will.
In Ontario, beneficiaries can ask the local court for the will once probate has been filed, making the will a public document.
Beneficiaries can also seek a copy through the estate trustee.
If the estate trustee will not provide a copy, beneficiaries may apply to the court to compel its release.
Interested Parties and Legal Standing
Other people with a financial interest in the estate can request to see the will.
These include creditors, potential heirs, or anyone who may benefit under the will or through laws on intestacy.
Anyone with financial interest can ask the court to order the person holding the will to produce it.
This is done through a non-contentious court proceeding.
The person must prove their interest in the estate for the court to support the request.
If probate has not been filed or the executor refuses to cooperate, these legal tools become very important.
Locating the Will: Where and How to Search
When trying to find a will, we need to look in specific places where the original or a copy might be stored.
These include personal spaces owned by the deceased, secure places for important documents, legal professionals, and official registries or courts.
Each location offers different chances of success depending on how the will was handled.
Home and Personal Belongings
Many people keep their original will at home.
It is common to search through personal files, desks, safes, or locked cabinets.
We should check places where important papers might be stored, such as file folders, safe boxes, or a known desk drawer.
It helps to ask close family or friends if they know where the will might be.
Sometimes, the deceased may have left instructions about where the will was kept.
We need to look carefully for all original will copies or notes that could point to its location.
Safety Deposit Boxes
Safety deposit boxes are often used to store original wills.
We need to find out if the deceased held a box at a bank or credit union.
Access to these boxes usually requires proper identification and legal authority after death.
Checking financial records and asking the bank directly can reveal if there is a safety deposit box.
If found, we may need a court order or proof of executorship to open the box and obtain the original will.
Lawyers and Law Firms
Many wills are prepared and stored by lawyers or law firms.
We should identify if the deceased had a lawyer or legal professional involved in estate planning.
Contacting the lawyer or firm can be effective, as they often keep the original or a copy of the will.
If we do not know the lawyer’s name, asking family, friends, or checking past legal papers may help.
They can also guide us through the next steps regarding the will.
Online and Court Registries
Ontario does not have a mandatory, centralized will registry, but voluntary registries like Onwills exist.
They store copies of wills for a fee.
Searching these registries can sometimes locate the latest will version.
If the will has been probated, the Ontario Superior Court of Justice for the region where the deceased lived might hold the will in their files.
We or our legal representative can request to search these court files and obtain copies.
Documenting all steps in these searches is important. It proves we have done a reasonable search when handling the estate.
Accessing a Copy of the Will from the Court
To get a copy of a will from the court, we need to know how wills become part of public court records after probate.
We must also know when and how estate trustees obtain official documents, and what to do if access requires a legal order.
These points help guide us through the process clearly.
Probate Applications and Court Files
When the executor or estate trustee submits a probate application, the original will is filed with the court.
The court reviews this to confirm the will’s validity.
Once probate is granted, the will becomes part of the public court record.
Anyone can request a copy of the will from the courthouse where the probate was processed.
This is usually the provincial court closest to the deceased’s residence.
A small fee is required to get a copy, and the will can be viewed or copied at the court office.
The court record shows that the probate application has been made, making it easier to locate the will.
Without probate, the will may not be publicly accessible through the court.
Certificate of Appointment of Estate Trustee
When probate is granted, the court issues a Certificate of Appointment of Estate Trustee.
This certificate gives the executor or trustee legal authority to manage the estate according to the will’s instructions.
The certificate confirms who controls the estate and who can legally access the will.
It is also necessary to open bank accounts or settle debts on behalf of the deceased.
We can request a copy of this certificate from the court, often at the same time as getting the will.
Having the certificate helps in proving our role or interest in the estate.
Requesting Court Orders for Access
Sometimes, the will might not be immediately accessible.
If there is a dispute or if the executor has not applied for probate, we may need to ask the court for an order to access the will.
To get a court order, we must file a formal request explaining why we need the will.
This usually requires proving our interest in the estate, such as being a beneficiary or creditor.
The court may grant access if it agrees there is a valid reason.
This process can take time and might involve a hearing.
It also usually requires legal paperwork and sometimes a court fee.
Dealing with Issues: Lost, Missing, or Unavailable Wills
Sometimes, the original will cannot be found after the testator’s death.
This absence can create difficulties during estate administration, requiring us to work closely with the courts to address missing documents.
Understanding the options and legal steps can help us navigate these situations more effectively.
Proving a Copy in Court
When the original will is lost but a copy exists, we may apply to the court for an order recognizing the copy as the valid will.
This requires filing an application and serving all parties who have an interest in the estate.
The court expects us to show:
The will was properly executed.
How the will was last in the possession of the testator.
Evidence that the will was not destroyed intentionally to revoke it.
Proof of the will's contents.
If everyone financially interested in the estate agrees, the process can be simpler, using affidavit evidence.
If not, more detailed proof is needed, often through a "lost will proceeding."
The court’s role is to ensure the will’s validity while protecting against fraud or error.
Contesting or Challenging the Validity of a Will
Anyone who believes the will or its copy is invalid may contest it.
This could happen if there is suspicion that the testator was under undue influence or lacked the mental capacity when making the will.
Challenges often focus on:
Whether the will was signed and witnessed properly.
If the testator acted freely and understood the will’s contents.
Claims that the will was revoked or replaced by a later document.
Contesting a lost will can delay estate administration and increase costs.
We should be aware that disputes may require court hearings and legal representation to resolve.
No Original Will Located
If no original will is found, the estate generally passes under Ontario’s intestacy laws.
This means assets are distributed to the next of kin according to the Succession Law Reform Act.
In these cases, we should:
Conduct a thorough search for any testamentary documents.
Contact the law firm that may have drafted the will.
Explore the possibility of previous wills or codicils.
Without an original will or a court order, no copy can be probated.
The estate’s distribution will likely default to provincial rules.
This situation can cause delays, increase legal costs, and sometimes lead to family disagreements.
Understanding Your Rights and Limitations
When dealing with a will in Ontario, it’s important to know what access we have and what controls the distribution of assets.
Some parts of the estate pass directly through the will, while others transfer by law or contract.
Not everyone named or related will automatically receive information or property.
Reading of the Will in Ontario
In Ontario, the will is usually read after the testator’s death, often by the estate’s executor or lawyer.
This reading is not a formal public event but a private step to understand the deceased’s wishes.
Once the executor applies for probate, the will becomes a public document.
Anyone with a financial interest in the estate—such as beneficiaries—can request a copy from the court.
This transparency helps ensure the will is followed correctly.
Before probate, access might be limited.
Only named executors and some close family members typically have direct access to the original will.
Others must rely on court processes or legal action to obtain it.
Joint Accounts and Property Passing Outside the Will
Not all property is controlled by the will.
Joint bank accounts and property with a right of survivorship transfer automatically to the surviving owner.
These assets bypass the will and probate process entirely.
For example, if a couple holds a house as joint tenants, the survivor becomes the sole owner when the other dies, regardless of what the will says.
Money in joint bank accounts usually goes directly to the other account holder.
It is important to distinguish between these types of assets so we understand what the estate includes and what passes outside it.
This affects what the will covers and who needs to be notified.
Exclusions and Next Steps if Not Named
If we are not named in the will, there may be no legal right to access a copy or inherit.
Only people with a clear financial interest, like named beneficiaries or potential heirs under Ontario’s laws, can request the will from the court.
If no will exists or the executor refuses to share it, interested parties can apply to the court for an order to produce the will.
This requires proving a financial interest in the estate.
Those excluded may also explore claims under the Succession Law Reform Act if they believe the will unfairly excludes them, such as spouses or dependants.
Legal advice may be necessary to navigate these steps effectively.
Best Practices for Will Storage and Estate Planning
Keeping a will safe and accessible is vital for a smooth estate plan.
We should focus on where to store original documents, how to inform the right people, and when to use professional help or registries.
Secure Storage for Original Wills
Keep original wills in a place that protects them from loss, damage, or theft. Common options include a fireproof safe at home or a safety deposit box at a bank.
A safety deposit box protects against disasters but may be harder to access quickly. Some lawyers offer will storage as part of their services.
Lawyers can keep documents safe, but this depends on their practice and whether they hold files long-term. Choose a storage place with reliable security and a clear retrieval plan after death.
Communicating with Executors and Family
The executor needs to know where the will is located because they handle the estate after death. Make sure the executor knows how to access all estate planning documents, including powers of attorney and trusts.
It is not necessary to tell all family members or beneficiaries where these documents are kept. Share this information only with trusted individuals to avoid confusion or disputes.
Write down instructions and confirm the executor understands their duties.
Using Professional Services and Registries
Professional services and registries help locate or store wills and related documents. Estate lawyers often provide secure will storage and can guide you through updating or searching for missing documents.
In Ontario, online registries like ONWILLS.ca and Willcheck.ca help keep wills registered and notify law firms about their location. These tools make it easier to find a will if the original is lost or if someone acted as power of attorney.
Using these services along with personal storage adds protection for your estate plan and helps avoid delays during estate administration.
Conclusion
Getting a copy of a Will in Ontario can take effort, but you have the right if you have a financial interest in the estate. Start by checking with the local court where the Will may have been filed or where the probate application was made.
If these steps don't work, you may need legal action to obtain the document. We understand estate matters can be stressful, and knowing the right steps saves you time and prevents unnecessary conflict among family members.
Ready to get the help you need? Contact B.I.G. Probate Law Ontario today for personalized support with your estate matter. Our experienced team will guide you through every stage and ensure your legal rights are respected. We specialize in helping clients access Wills and navigate complex estate issues across Ontario.
Reach out to us at Info@probatelaw-ontario.ca, call us at (289) 301-3338, or visit probatelawgroup.ca to learn more about our services. We offer clear advice and practical solutions designed to help you find the answers you need while protecting your interests throughout the process.
Frequently Asked Questions
We clarify who can see a will in Ontario, how to confirm if you are a beneficiary, and the timing to receive an inheritance. We also explain which wills need probate, who inherits first, and what happens to bank accounts when someone dies without a will in Canada.
Who is entitled to see a copy of a will in Ontario?
Anyone with a financial interest in the estate can see a copy of the will after the person dies. This includes beneficiaries, executors, and sometimes others with a potential claim.
If the will has been probated, you can access it at the Superior Court of Justice. If probate has not been granted, you may need to ask the court to order the will’s production.
How do I find out if I’m a beneficiary of a will in Ontario?
You usually find out by obtaining a copy of the will. The executor should inform beneficiaries, but if not, you can search court records or ask the court for an order to see the will.
If you cannot get the will from the executor, a lawyer can help you request the court to compel its disclosure.
How long to receive an inheritance in Ontario after the person dies when they have a Will?
The inheritance timeline depends on how quickly the estate is settled. Probate usually takes several months, often around 6 to 12 months, but could take longer if the estate is complex or contested.
After probate, the executor distributes the assets as stated in the will. Disputes or tax issues can cause delays.
Do all wills have to go through probate in Ontario?
Not all wills need probate. Probate is required for banks, land transfers, or large assets to prove the will’s validity.
If the estate is small or assets do not require probate, the executor might access them without applying to the court. Many estates still go through probate to avoid problems.
Who is first in line for inheritance?
The will specifies who inherits first. If there is no will, Ontario’s laws decide, generally starting with the spouse and children.
If no spouse or children exist, the inheritance goes to other relatives in a defined order set by the Ontario Succession Law Reform Act.
What happens to a bank account when someone dies without a will in Canada?
If there is no will, the bank freezes the deceased’s accounts. The court then appoints an administrator.
The bank releases funds only after the court gives the administrator authority. The administrator manages and distributes assets according to Ontario intestacy laws.