Probate a Lost or Missing Will in Ontario

 

When someone passes away, families often look to the will for guidance. But what happens if the will is missing, destroyed, or cannot be found? In Ontario, it is still possible to probate a lost will, but the process requires strong evidence and court approval.

Can You Probate a Lost Will in Ontario?

 

Yes. Ontario courts recognize that wills can be lost or destroyed without the testator’s intent. Probate of a lost will is possible, but the applicant must prove:

1. The will was duly executed in accordance with Ontario law

2. The contents of the will (usually by producing a copy or draft)

3. That the will was not revoked by the deceased

 

👉 For a general overview of probate, see our blog: Demystifying the Probate Certificate in Ontario.

What Evidence Is Required?

 

The court expects clear and convincing evidence, which may include:

• A photocopy, draft, or scanned version of the will

• Testimony from witnesses who saw or signed the will

• Affidavits from family members, lawyers, or others familiar with its contents

• Proof of the deceased’s intention, such as storing the will in a lawyer’s office or safety deposit box

 

If the original cannot be produced, the court must be satisfied that it was not intentionally destroyed by the deceased to revoke it.

Steps to Probate a Lost Will

 

1. Conduct a thorough search – home, office, safety deposit box, with the drafting lawyer

2. Gather supporting evidence – copies, affidavits, witness statements

3. Prepare your application – file with the Superior Court of Justice for a Certificate of Appointment of Estate Trustee with a Will

4. Notify beneficiaries and potential heirs – disputes may arise if some parties challenge the validity of the lost will

5. Court hearing – the judge may require testimony or additional proof before granting probate

 

Risks and Challenges

 

Probating a lost will can be more complex and costly than a standard probate. Risks include:

• Beneficiaries disputing the existence or contents of the will

• Court requiring higher evidentiary standards, leading to delays

• Possibility that probate is refused, resulting in the estate being treated as if there were no will

 

👉 See also: Who Is the Executor If There Is No Will in Ontario?

Best Practices

 

• Keep copies of wills securely stored with your lawyer

• Communicate with family about where the will is located

• Executors should document their search efforts carefully

• Engage an estate lawyer early to avoid costly mistakes

 

For related pitfalls, review our blog on Top 5 Mistakes Executors Make in Ontario.

How Kimel Law Group Can Help

 

At Kimel Law Group, we regularly assist families with probate applications, including cases involving lost or missing wills. We help gather the necessary evidence, prepare affidavits, and represent clients in court to ensure the estate is administered properly.

Contact us today to schedule a consultation and learn how we can help you navigate the probate of a lost will in Ontario.