If the original will was last known to be in the deceased's possession and cannot be found, a court may presume they destroyed it deliberately — and treat the estate as an intestacy.
The Canadian position
The presumption can be rebutted with evidence about storage and intention, but rebutting costs money and is not guaranteed.
A copy may sometimes be admitted, with supporting evidence.
The Islamic position
The result — a statutory distribution instead of the intended shares — is exactly what a wasiyyah is meant to prevent.
This is why where you store the original matters as much as what it says.
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.
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- Safeguarding original will as evidence ontario — Treadstone Law
- How does intestacy treat common law children — Treadstone Law
- Rebutting resulting trust presumption joint account ontario — Treadstone Law
- Wills & estates practice — Treadstone Law