Introduction
When a loved one passes away, one of the first questions families face is: “Where is the will?” Unfortunately, in Canada there is no single government database where wills are stored. Each lawyer, notary, or law firm keeps its own records, often making the process confusing and stressful.
This guide explains the different ways to find a will in Canada, the challenges involved, and how the Canadian Will Registry now offers a secure, centralized solution to help families connect with lawyers who may hold the will they’re looking for.
Step 1: Check With the Family and Executor
The first step is always close to home.
- Many people keep their will in a safe deposit box, filing cabinet, or home safe.
- Executors (the people named in the will to handle the estate) are often given a copy or told where the original is stored.
- If you’re unsure who the executor is, check funeral records, family documents, or ask immediate relatives.
Tip: Even if you find a copy, courts usually require the original will for probate.
Step 2: Contact the Lawyer or Law Firm
In most cases, wills are drafted and stored by the lawyer or notary who prepared them.
- Reach out to the lawyer directly if you know their name.
- If the lawyer has retired or the firm closed, the provincial law society may have transferred client files to another custodian.
Challenge: Since each lawyer in Canada holds their own files, finding the right firm can be like looking for a needle in a haystack — especially if you don’t know who prepared the will.
Step 3: Check Provincial Law Societies and Court Records
Some provinces allow limited access to probate records:
- Ontario: The Superior Court of Justice maintains probate filings, but you need specific details to request access.
- British Columbia: The Wills Registry (via Vital Statistics Agency) lets people file a “Wills Notice” but it only confirms if a notice was filed, not the will itself.
- Other Provinces: Most law societies don’t maintain will registries, but may help track down retired lawyers’ records.
Limitations: These methods are slow, often require court applications, and may not provide results if the will hasn’t gone through probate yet.
Step 4: Use the Canadian Will Registry
To solve the gap in Canada, the Canadian Will Registry was created. It is the first nationwide, lawyer-managed system where:
- Families can submit a simple search request ($10 fee).
- Lawyers register wills they hold in their files.
- The system automatically cross-checks with obituary notices to alert lawyers when a client has passed away.
- Families are notified if a lawyer in the registry has a matching will — even if the will is added in the future.
Benefits:
- Secure and private (no public database).
- Saves time and stress.
- Provides peace of mind with lifetime notifications.
Step 5: What If No Will Is Found?
If after searching no will can be located, the estate is considered intestate. This means provincial laws determine how the estate is divided:
- Spouse (or common-law partner in some provinces) usually inherits first.
- Children and other relatives may also have claims.
- The process is longer, more expensive, and often more stressful without a will.
This is why registering wills with the Canadian Will Registry is critical — it protects families from the burden of uncertainty.
Step 6: Consider Professional Help
Even if you locate a will, navigating probate and estate administration is complex. A probate or estate lawyer can:
- Validate the will in court.
- Guide executors through legal responsibilities.
- Handle disputes among family members.
- Ensure taxes and debts are properly managed.
Frequently Asked Questions
Conclusion
Locating a will in Canada has historically been a difficult process, but with the Canadian Will Registry, families finally have a secure, centralized way to connect with the lawyers who hold these critical documents.
Submit your search today and gain peace of mind