What happens if the original will can't be found in Saskatchewan?
This answer covers the law of Saskatchewan.
If the original will cannot be found, start with a careful search, because finding the will is the first duty on the list for an executor. Look through the person's papers and safe places, and ask family, their lawyer and their bank whether anyone holds it. Reviewing personal papers is also one of the suggested early steps.
Whether a copy can be probated in place of the original is not something to assume. It depends on the facts and the court, so a lawyer can confirm your options before you apply. A search of the Wills and Estates Registry in Regina costs $20, takes 1 to 2 weeks and lists estate applications filed in Saskatchewan courts since 1905, but only for estates that went through court.
If no will turns up, the estate is generally dealt with as one with no will, which uses Letters of Administration. Those who can apply rank in order: spouse, children, grandchildren, parents, then siblings and others. Who inherits depends on the date of death, because The Intestate Succession Act, 2019 covers deaths on or after October 1, 2019.
Key takeaways
- Finding the will is the first duty on an executor's list, so search papers and ask family, the lawyer and the bank before assuming it is gone.
- Whether a copy can be probated in place of the original depends on the facts, so confirm your options with a lawyer before applying.
- A Wills and Estates Registry search costs $20 and lists estate applications filed in Saskatchewan courts since 1905, but only estates that went through court.
- If no will is found, the estate is generally handled with Letters of Administration, and the right to apply starts with the spouse, then children.