AEGIS Legal Minute | Losing the Original Will in Ontario: Storage Options That Prevent Intestacy

Safeguarding the original will is critical. If it’s lost, the outcome for your family can become complicated—and the estate may even be treated as if there is no will.
In Ontario, common ways to store the original include:

1. Keeping it yourself in a secure location, protected from damage or loss.
2. Having a law firm hold it short-term, often up to ten years.
3. Storing it with the court for a fee, with ongoing payments to maintain storage.
Only one original should exist. If it goes missing, heirs may need to obtain court certification; otherwise, it can be presumed the will was intentionally destroyed, and inheritance may proceed as if no will exists. Store it safely and make sure your family knows where to find it.

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