Introduction
Losing a loved one is already difficult, and the stress can increase if their will cannot be found. In Canada, wills are often kept with lawyers or among personal records at home, but there is no government-managed central database. If a will goes missing, families may face additional challenges in settling the estate. Here’s what happens if you can’t find a will and the steps you can take.
1. The Estate May Be Treated as Intestate
If a will cannot be located, the estate may be handled under intestacy laws. This means provincial law decides how the deceased’s assets are divided, often prioritizing spouses, children, and other immediate relatives. Unfortunately, this process may not reflect the person’s true wishes.
2. Families Must Prove Due Diligence
Before an estate is declared intestate, families or executors must show that a genuine effort was made to locate the will. This usually involves searching the deceased’s home, contacting their lawyer, and checking for safety deposit boxes or registries.
3. Lawyers and Registries Can Help
If the will was drafted by a lawyer, chances are good that the law office retains the original copy. If the lawyer is retired or the firm has closed, provincial bar associations may assist in locating files. Families can also use private services like the Canadian Will Registry, which helps connect families with wills stored by lawyers across the country.
4. The Role of the Public Trustee
If no will is found and no executor is named, the provincial Public Trustee may step in to administer the estate. This ensures assets are distributed fairly according to law, but it also means the deceased has no control over how their estate is handled.
Conclusion
Not finding a will can be stressful, but there are structured steps to follow. Families should search thoroughly, contact legal professionals, and use online registries to maximize their chances. If all else fails, the estate will proceed under provincial intestacy laws. To avoid this situation, families are encouraged to register wills through secure services so loved ones can access them when needed.