When a loved one has died, one of the first things you need to do in the estate administration process is locate their last will.

Using Reasonable Efforts

Hopefully the deceased has told you where their will can be found, but if that’s not the case, you will need to make reasonable efforts to search for the will. Reasonable efforts does not mean you must exhaust every option and possibility, it simply means that you must use efforts that are reasonable given the circumstances. Ask yourself, what efforts would a reasonable person in my position undertake to find this will?

Where to Look

The best place to look first is in the deceased’s home. Check any area where the deceased kept important personal papers such as desks, filing cabinets and safes. You can ask the deceased’s family, friends, caregivers, support staff in living facilities, professional advisors or the individual(s) that acted as the deceased’s attorney for property or personal care to see if they have knowledge of the location of the will. Consider also if the deceased had a safety deposit box anywhere.

If you are unable to find the will by these methods, a good next step is to reach out to the deceased’s lawyer. The contact information for all practising lawyers in Ontario is listed on the Law Society of Ontario’s Lawyer and Paralegal Directory. The drafting lawyer may have the original will, a copy of it, or information on where you can find it. If you do not know the name of the deceased’s lawyer, you can retain an estates lawyer who can help you search for the will by contacting the local law association where the deceased lived or by searching online will databases such as Willcheck.ca and NoticeConnect.

Another search method is to contact the estates department of the Superior Court of Justice closest to the deceased’s home, as they can check to see if the will was ever filed with the court.

Record Keeping

If, after all your efforts, you are unable to locate a will, you will need to show that you made reasonable efforts to find one but were unable to do so. For this reason, it is important to keep diligent records of every effort you made to find the will in case you are ever asked to prove it. Records can include emails sent to professional advisors, search records, bills from services performed in search of the will, and notes detailing dates and locations searched.

While this information can help you locate a will, the key takeaway from this blog is that you should always tell your executor where they can find a copy of your will to prevent them from having to be in this situation and aid in the administration of your estate.

Thank you for reading!

Darien Murray