Yesterday, I blogged about the process for testators (along with certain other persons) to deposit wills and codicils with courts in Ontario for safekeeping. This blog discusses who can access wills or codicils deposited with courts.  

Accessing Wills or Codicils During a Testator’s Lifetime

Subrule 74.02(5) of the Rules of Civil Procedure(“Rules”) states that during a testator’s lifetime, no one other than the testator, the testator’s guardians of property, and other persons who have obtained a court order directing the court to do so, can remove, copy or inspect wills or codicils deposited with courts. The Estates Procedures Manual states that a testator’s attorneys for property can also do so.  

Courts will verify the requestor’s identity and review supporting documentation to ensure that the requestor has authority to remove, copy or inspect wills or codicils before fulfilling requests to do so.   

Accessing Wills or Codicils After a Testator’s Death

Once a testator dies, per subrule 74.02(5) of the Rules, anyone can copy or inspect wills or codicils deposited at courts by submitting written requests that include the testator’s date of birth and proof of death.

Per subrule 74.02(7) of the Rules, where a written request is submitted to obtain original wills or codicils, courts must deliver these documents to the testator’s estate trustees or to the estate trustees’ lawyers. Original wills or codicils can also be delivered to other persons if such other persons obtain a court order directing the court to do so.

The requestor will need to provide the following information and documentation to obtain any original wills or codicils:

1. A request for delivery, stating the testator’s date of birth;
2. Proof of the testator’s death;
3. If a court order directing delivery is not obtained, an authorization signed by all estate trustees named in the wills and/or codicils and specifying the estate trustee or the estate trustee’s lawyer as the person to whom these documents should be delivered;
4. If a court order directing delivery is obtained, a copy of the court order. 

Subrule 74.02(7.3) of the Rules provides an exception to the requirement to provide an authorization signed by all estate trustees mentioned above. It states that if one or more estate trustees are not available to sign an authorization, all available estate trustees can sign it together and provide a written explanation regarding the reasons for each missing signature. The court will fulfil the request if the registrar finds such an explanation satisfactory.

Thank you for reading.

Zahra Attir