What happens if my original will is lost and can't be found after I die in Ontario?

A lost will presents a serious problem in Ontario. The general presumption is that if an original will that was last known to be in the testator's possession cannot be found after death, it may be presumed revoked. This presumption can be rebutted, but it requires a court application with supporting evidence.

To probate a lost will in Ontario, the estate trustee must apply to the court and produce a copy of the lost will (such as a photocopy, a lawyer's scanned copy, or a draft), plus evidence that the original existed and was validly executed, that it was not deliberately revoked, and what its contents were. If the evidence is sufficient, the court may grant probate on the basis of the copy.

The process is expensive, time-consuming, and uncertain. Whether it succeeds depends heavily on the quality of evidence available. If only a draft exists and there is no evidence that a final version was executed, the application is much weaker.

The practical lesson: keep the original will in a secure but known location, and make sure your estate trustee knows where it is. Your lawyer should keep their own copy. If you use a will safe or other storage service, ensure your executor has access information. Preventing a lost will scenario is far easier than resolving one after the fact.