Who is responsible for safeguarding the original will as evidence during an Ontario will challenge?

Whoever is holding the original will — typically the proposed estate trustee, the drafting lawyer, or the court itself once it has been filed — is responsible for safeguarding it once a challenge is underway, since the physical document is often crucial evidence in its own right, not just a record of its contents. Details visible only on the original, such as staple holes suggesting pages were reordered, handwriting indentations, or the quality of the signatures, can matter to questions of authenticity or alteration in a way a photocopy simply can't show.

Once litigation starts, the original is generally expected to be preserved carefully and made available to the court and, where appropriate, to a forensic document expert for examination, rather than being handled casually or allowed to go missing. If the original will has already been filed with the court as part of a probate application, it typically becomes part of the court file and is subject to the court's own procedures for safekeeping. Anyone holding an original will that may become the subject of a dispute should store it securely, avoid unnecessary handling, and get legal advice promptly about their obligations to preserve and eventually produce it.