How Do I Get a Certificate of Appointment of Estate Trustee With a Will if the Original Will Is Lost in Ontario?

A lost original will is a problem because the probate checklist asks for the original, so what you can do depends on the facts and a lawyer can confirm your options. The usual probate checklist asks for the original will and any codicils, and the original must be attached as an exhibit to an affidavit.

Before assuming it is lost, search thoroughly and keep a record of every place you looked. Ontario guidance suggests checking the home, a safety deposit box, the lawyer's office, private will registries and court records. A registrar's office can also hold wills of living persons, and the court may order anyone to produce a testamentary document they have.

If a document was not properly signed or witnessed, the Superior Court of Justice may order it valid for deaths on or after January 1, 2022, if it is satisfied the document sets out the deceased's testamentary intentions. If a witness has died or cannot be found, the court may require other evidence of due execution. If no will can be proved, the intestacy rules may decide who inherits instead. Gather everything you find before speaking with a lawyer.