What happens if a person's will cannot be found after they die in Ontario?

If a will cannot be found after a person's death, the estate may be treated as intestate. Courts can sometimes accept a copy of a will as valid, but only in limited circumstances and with sufficient evidence that the original was not intentionally destroyed by the testator. A testator who deliberately destroys their own will is presumed to have revoked it.

If no original will and no copy can be produced, the estate will generally proceed under Ontario's intestacy rules. The burden is on anyone who claims a will existed to prove it — this can be difficult and expensive.

To prevent this problem, wills should be stored in a safe location known to the executor or a trusted family member. Options include a secure home safe, a lawyer's office, or a bank safety deposit box. Some lawyers and private registry services let you record a notice of a will's existence and location, though Ontario has no single government-run registry that residents are required to use. Keeping a digital record of where the original is stored is also a practical step.