- A will belongs to the person who made it, and it is theirs to keep private for as long as they are alive and mentally capable.
- Once the will-maker has died, the picture shifts.
- When the court issues a Certificate of Appointment of Estate Trustee, the will becomes part of the court file.
Family members often assume that once someone dies, anyone named in the will — or anyone who thinks they should have been — can simply ask for a copy and receive it. In practice, a beneficiary’s right to see a copy of the will in Ontario depends heavily on timing: whether the will-maker is still alive, whether they have died but the estate has not yet gone to probate, or whether a Certificate of Appointment of Estate Trustee has already been issued.
Each stage carries a different answer, and knowing which stage you are in changes what you can realistically expect, and from whom.
While the Will-Maker Is Alive
A will belongs to the person who made it, and it is theirs to keep private for as long as they are alive and mentally capable. There is no legal right for a beneficiary, adult child, or anyone else to see a copy of someone’s will while that person is still living. The will-maker can change or revoke it at any time, and disclosing it early can create family friction long before it needs to.
After Death, Before Probate
Once the will-maker has died, the picture shifts. The lawyer, executor, or family member holding the original will is generally expected — as a matter of professional and estate practice, not a rigid formula — to provide a copy to the named beneficiaries and to those who would inherit if there were no will at all. This is not the same as making the will public; it is a targeted disclosure to people with a genuine stake in the outcome.
Who typically receives a copy at this stage
- Beneficiaries named in the will
- The people who would inherit under Ontario’s intestacy rules if the will did not exist
- The proposed estate trustee, who needs it to apply for probate
Who typically does not
- Friends, distant relatives, or others with no financial interest in the estate
- Beneficiaries under an earlier will this one replaced, unless they also fall into one of the categories above
Once Probate Is Granted
When the court issues a Certificate of Appointment of Estate Trustee, the will becomes part of the court file. At that point it is a public court record, and members of the public — not just beneficiaries — can generally request to see it through the court. This is the clearest, most reliable way to obtain a copy if informal requests have gone nowhere.
What to Do If You Are Being Refused a Copy
| Situation | Realistic next step |
|---|---|
| Will-maker is alive | Nothing to request — it is legally theirs to keep private |
| Death has occurred, no probate yet, executor is unresponsive | Ask in writing; follow up; consider a lawyer’s letter |
| Probate has been granted | Request the court file directly |
| Executor refuses even after probate | Speak with a lawyer about compelling disclosure |
If a reasonable written request goes unanswered, a short letter from a lawyer often resolves the issue without anything more formal. If the estate has been probated, remember that the will itself is already accessible through the court regardless of what the executor says.
Frequently asked questions
Can I see a copy of my parent’s will before they pass away?
No. A will is private while the person who made it is alive, and they have no obligation to show it to you or discuss its contents. This remains true no matter how close the relationship or how often the will has changed.
What if I’m not named in the will at all?
If you would have inherited under Ontario’s intestacy rules had there been no will, you are still generally entitled to a copy after death, even though you are not a named beneficiary. This lets you assess whether you have grounds to raise concerns about the will’s validity.
Does the executor have to explain the contents, or just hand over a copy?
There is no fixed script for this. Some executors provide a full copy with a brief explanation; others simply send the document. Either way, you are entitled to read it yourself and ask questions about how the estate will be administered.
Is there a fee to get a copy from the court after probate?
Court offices typically charge a modest fee for copies of estate court records. The amount can change, so confirm the current fee directly with the court office before you request a copy.
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