Safekeeping of a Will in Ontario
1. Home Safe:
The will can be stored in a home safe, with clear instructions provided to the executor on how to access the key or password. However, this option carries the risk of the will being lost or destroyed in the event of a disaster.
2. Lawyer’s Office:
Storing the will at a law office and informing the executor of the lawyer's name and contact details offers a relatively secure option. However, complications can arise if the lawyer retires or the law firm changes ownership, making it difficult to locate the will years later—especially if the testator forgets the lawyer's name.
3. Local Court:
Wills can be deposited with the local court for safekeeping, typically for a fee. This option can be utilized by the testator, executor, or other authorized entities.
4. With the Executor:
While keeping the will directly with the executor ensures they have it when needed, it also carries the risk that the executor may prematurely learn the will's contents, potentially leading to unnecessary conflicts.
5. Registering the Will’s Location Online:
Some websites offer services to register the location of a will. For instance, www.willcheck.ca, established by the County of Carleton Law Association library in Ontario, allows authorized lawyers to register the location of clients' wills. The public can currently search the website for free to find out where a will is stored.
6. Bank Safety Deposit Box:
A will can be placed in a bank safety deposit box, with the executor having access to the necessary password or key. However, banks may require a Certificate of Appointment of Estate Trust before granting access to the box. This creates a catch-22 situation since the original will, required to obtain the appointment, is locked inside the box. As a result, additional legal steps may be needed to resolve the situation, making this one of the least recommended storage methods.
These options vary in terms of convenience and security. Individuals should carefully evaluate their personal circumstances and choose the method that best meets their needs.
Disclaimer:
This blog is for reference only and does not constitute legal advice. For specific issues, please consult your lawyer.
The copyright of this blog belongs to Zeng Law Professional Corporation, Ontario, Canada. Without authorization, reproduction, reprinting, excerpting, or other means of copying, publishing, or distributing is prohibited.
