Missing Heirs and Probate Genealogy Going Digital?

Missing Heirs and Probate Genealogy Going Digital?

Ask anyone and they will say, among other things, that lawyers are known for following precedent. Well-established rules and procedures, written and unwritten ways of doing things, and decorum often guide conduct.  However, the last year has seen a veritable revolution in some areas of the law,  like the virtual signing of wills and affidavits. But, for the most part, the area of probate genealogy in Canada still follows traditional methods.

Probate genealogy involves finding missing heirs in cases where there is a will with a named beneficiary who cannot be located.  Also, in those cases where someone has died without a will and without known heirs.

Over the last decade,  genealogical research has been assisted by online databases making digital copies of documents available for viewing and research. But, in Canada, hardcopy original or certified copy vital statistic documents like birth and death certificates are still required in almost all cases when dealing with courts, financial institutions, or the Office of Public Guardian and Trustee. This is in contrast with some countries in the European Union where they have moved to entirely digital vital statistic records.

The pandemic has resulted in permanent changes in the court system like video trials and digital filing of documents with the clerk of the court. Law firms now use teleconferencing services for meetings regularly. Real estate agents now hold virtual showings of properties for sale. Doctors now do online medical consultations. Banking is now done on a mobile phone app. The acceptance of digital copies of vital statistic documents will accelerate the locating of missing heirs and assist in proving that they are indeed related to the family being researched without delays associated with obtaining hardcopy documents or physically having to research in archives. This would be beneficial as often hundreds and even thousands of historical records have to be analyzed. In time, it may be that digital practices will also be responsibly adopted in the area of probate genealogy, as in other areas of the law recently.

Thanks for reading.

James Jacuta

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