Section 2 of the Estates Act allows testators to deposit their wills and/or codicils with courts for safekeeping purposes.

Other than testators, Rule 74.02(1) of the Rules of Civil Procedure states that the following persons can deposit wills and/or codicils with courts:

1. Persons authorized to do so by courts;
2. Persons authorized to do so by testators in writing;
3. Retired lawyers who held the wills or codicils at the time of their retirement;
4. Estate trustees of deceased lawyers who held the wills or codicils at the time of their death; and
5. Representatives of trust companies that held the wills or codicils when the trust companies ceased to do business in Ontario.

Affidavits of execution of wills and codicils can also be deposited with courts at the same time as the wills or codicils as stated in subrule 74.02(2) of the Rules of Civil Procedure.

Courts charge fees for the deposits unless a fee waiver certificate applies.

Per the Estates Procedures Manual and subrule 74.02(3) of the Rules of Civil Procedure, courts will take the following steps to deposit wills or codicils:

1. Require depositors to present adequate identification;
2. Ensure that the depositors are depositing the original wills or codicils;
3. Collect the applicable fees if fee waivers do not apply;
4. Enclose the wills, codicils and/or affidavits of execution in sealed envelopes in the presence of the depositors;
5. Endorse the envelopes with the dates of the deposits, the names and addresses of the depositors, the testators, and the estate trustees named in the wills and/or the codicils, the date of birth of the testators and the dates of the wills or codicils;
6. Initial the envelopes;
7. Enter details of the deposited wills or codicils into the Estate System; and
8. Place the sealed envelopes in the courts’ fireproof vaults or cabinets. 

If wills or codicils are deposited for one-hundred-and-twenty-five years (125) or longer, the registrar must deposit these documents with the Archivist of Ontario in accordance with subrule 74.02(8) of the Rules of Civil Procedure.

Thank you for reading.

Zahra Attir