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How do I find out if my father had a will?

Work through his lawyer, his banks, his home records and any will registry. Document each step as you go.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Work through his lawyer, his banks, his home records and any will registry. Document each step as you go.

The Canadian position

There is no central Canadian registry. Quebec has two near-universal registers; BC has a government wills registry. Ontario and most provinces have none, so private registries and lawyers' files are the practical route.

The provincial law society may hold records for a firm that has wound up.

The Islamic position

Locating the will is what makes the wasiyyah effective. Where it cannot be found, the estate is divided by provincial statute instead.

What to do about it

  1. Contact every lawyer he used, and any successor firm.
  2. Check safety deposit boxes at all his banks.
  3. Search the home — safes, filing cabinets, digital storage.
  4. Search will registries.
  5. Contact the law society about closed practices.
  6. Write down every step, with dates.
Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Locating wills and documents — Law Society of Ontario
  2. Wills Registry — Province of British Columbia
  3. Search the registers of wills and mandates — Chambre des notaires du Québec
  4. Apply for probate of an estate — Government of Ontario
  5. Estate Administration Tax — Government of Ontario
  6. Estates Act, RSO 1990, c E.21 — Government of Ontario
Further reading — Treadstone Law
  1. Accessing safety deposit box after death ontario — Treadstone Law
  2. Executor access safety deposit box ontario — Treadstone Law
  3. Out of province executor practical challenges ontario — Treadstone Law
  4. Multiple wills ontario private company shares probate avoidance — Treadstone Law
  5. Wills & estates practice — Treadstone Law