What happens if the original will is lost and we only have a copy in Ontario?

Probate in Ontario generally requires the original signed will. If the original cannot be found, there is a legal presumption — rebuttable by evidence — that the testator destroyed the will with the intention of revoking it. This makes obtaining probate based on a copy significantly more difficult.

That said, it is not impossible. An executor can apply to the court for an order admitting a copy of the will to probate, but must present evidence to overcome the presumption of revocation. This evidence might include proof that the original was lost or accidentally destroyed rather than deliberately revoked, testimony from people familiar with the testator's intentions, and evidence about the will's last known location.

If the presumption cannot be overcome and no prior will exists, the estate may be treated as if the person died without a will — meaning Ontario's intestacy rules under the Succession Law Reform Act would govern distribution. This could significantly alter who inherits, particularly for unmarried partners and step-children.