Introduction
When a will is created in Canada, it must be stored securely so it can be located when needed. Unlike some countries, Canada does not have a centralized government-run will registry. Instead, lawyers and law firms are responsible for safeguarding the original document. Understanding how wills are stored can help families and executors know where to look when the time comes.
1. Law Firms as Primary Custodians
Most wills in Canada are stored by the lawyer or law firm that drafted them. These firms typically maintain secure filing systems, both physical and digital, ensuring documents are kept safe for decades. The lawyer of record often keeps the original signed will in their possession, while the client may retain a copy for reference.
2. Physical Storage Practices
Traditionally, wills are stored in locked filing cabinets, vaults, or fireproof safes at law offices. These measures protect against theft, damage, or accidental loss. Some law firms also place wills in safety deposit boxes at financial institutions, although this can sometimes complicate access after death.
3. Digital Record-Keeping
With modernization, many law firms now use digital systems to track wills. While the physical original remains essential, firms often scan and store digital copies in secure databases. This ensures that even if physical documents are misplaced, there is a backup record available.
4. Challenges Without Centralization
Since Canada does not have a national will registry, families may struggle to locate wills if they are unsure which lawyer or firm holds the document. If the lawyer has retired or the firm has closed, files may be transferred to another custodian, sometimes through provincial bar associations.
5. The Role of Private Will Registries
To address these challenges, private services like the Canadian Will Registry are emerging. These registries allow lawyers to register basic information about the wills they hold, making it easier for families to locate them when needed. This step adds security and reassurance for clients while ensuring accessibility for future generations.
Conclusion
Across Canada, lawyers play a critical role in safeguarding wills. While physical storage remains the standard, digital systems and private registries are helping modernize the process. For families, knowing how wills are stored — and considering registry services — can prevent confusion and ensure a smoother estate settlement process.