After someone passes away, one of the first responsibilities for family or the executor is to find the deceased's most recent will. A will is a legal document that names an executor and outlines how a person wants their assets distributed after their death. Locating the correct version of the will ensures that their instructions are followed and can help prevent delays or disputes during the probate process. In some cases, the will isn't immediately accessible or its location is unknown. It may be stored digitally, with a lawyer, or in a physical place only the deceased knew.
Will storage in Canada
In every Canadian province except British Columbia, wills must be printed, signed, and stored on paper to be legally valid. In BC, digital execution and storage of wills is permitted under provincial law.
Willful provides downloadable PDFs and instructions to finalize a will, but it does not store executed documents. If your loved one had a Willful account, there may be no legally valid will unless it was printed, signed, and stored externally (or digitally executed in BC). A draft or unsigned PDF stored in a Willful account is not legally valid.
To settle an estate, you must locate the signed version of the will - either:
A paper copy, in most provinces
A digitally executed copy, if the will was digitally signed and witnessed in BC
Where to look for a will
Start by checking common physical and digital storage areas:
At home: Filing cabinets, safes, locked drawers, or fireproof/waterproof folders.
Digital storage: For BC residents, check hard drives, USB sticks, or cloud platforms for digitally executed wills.
Email and computer files: Look for confirmation emails or documents from online will platforms.
Safety deposit boxes: Contact the deceased’s bank to check for a deposit box.
With professionals: Lawyers, financial advisors, or accountants may have prepared or stored the will.
Courthouse: Some provinces allow wills to be filed or registered with the court.
Will registries
Wills are not automatically registered in Canada. However, optional registries may help locate a will:
Willful’s registry: Willful customers can record key details about their will, including:
Execution date
Executor’s name
Witnesses' names
Physical location of the will
This registry does not store the signed will but helps loved ones locate it.
To protect user privacy, Willful requires documentation before sharing any information:
Death certificate
Proof of identity
Proof of relationship to the deceased
Additional details such as the deceased’s full name and contact information may also be required. Once verified, Willful can confirm if an account existed and, if registered, share stored registry details. However, access to the account or a copy of the will cannot be provided. Please email us directly at [email protected] and ask to speak to an estate expert.
Canada Will Registry (CWR): A national database where Willful customers can optionally register their will’s details. It also does not store the document, but a paid search may reveal registration records.
Provincial registries:
British Columbia: Wills may be registered with the Vital Statistics Agency.
Quebec: Notarial wills are automatically registered with the Chambre des notaires du Québec. The Barreau du Québec may also assist.
What if you can’t find the will?
If a will can’t be found, the estate may be considered "intestate" and distributed according to provincial laws. In this case, you may:
Submit a copy: Courts may accept a photocopy if the original is lost and you can prove its validity.
Apply for probate without a will: This involves being appointed estate administrator by the court.