It is sometimes difficult for family members to find a deceased’s Will or to ascertain whether a particular Will is in fact her “last” Will.
The deceased may have stored his Will at his solicitor’s office, in his safety deposit box or among his possessions, or with some other individual altogether.
In the most recent issue of Deadbeat, a newsletter published by the Estates & Trusts Section of the Ontario Bar Association, Sean Lawler discusses another potential place where you may find a deceased’s Will in Ontario – the Law Society of Upper Canada. The Law Society stores the files of many lawyers who have died, retired or been disbarred. Some of these files contain the Wills of former clients. The Law Society’s register of Wills in its possession can be searched by the name of the lawyer whose file contains the Will or by the name of the testator.
In the event that a deceased’s Will cannot be located, or in the event that the deceased’s solicitor has also died or retired, remember to consider whether the deceased’s Will could be stored at the Law Society.