Bill (not his real name) came into our Ottawa office to meet with me. His father had died a couple of years ago. Bill needed a copy of his father’s Will because a long-lost cousin had died just before his dad. Bill’s dad had been left an inheritance from his cousin’s estate which was just now being distributed.
Bill thought he had a copy of his dad’s will but couldn’t find it anywhere. He needed to know how to find a Will.
If you are wondering how to find a Will of a deceased person in Ontario, here are 5 tips to get you started:
How to Find a Will Tip #1: If the Will was probated (submitted to Court after the person died), it is possible to hire an agent to do a manual search. The agent will search the records in the Estates Office at the Court in the community where the person was living at the time of his or her death.
How to find a Will Tip #2: If you know the name of the lawyer who handled the deceased person’s estate, he or she may have a copy of the Will on file. If you cannot find contact information for the lawyer, call the Law Society of Upper Canada.
How to Find a Will Tip #3: If the deceased person owned real estate at his or her death, a lawyer could perform a title search of the property. Depending upon where and when the person died, the Will might have been registered at the Land Titles Office in the community where the property was located.
How to Find a Will Tip #4: If you were the executor (or ‘estate trustee’ as it is now called) of the deceased person’s estate, you may be able to obtain a copy from Canada Revenue Agency (CRA) or from the deceased’s bank.
How to Find a Will Tip #5: If you know the names of any of the beneficiaries named in the Will, ask if one of them has a copy.
If you need to find a Will, try these 5 steps. If you turn up empty handed and need additional help, please call our office.
Reproduction of this blog is permitted if the author is credited. If you have questions or if you would like more information, please call us at 613 836-9915. This blog is not intended to be legal advice but contains general information. Please consult a lawyer or other professional to determine how the information in this blog might apply to you.
Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.