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What is a Search Certificate and why would I need one?

It is documentation that a diligent search of a will registry was performed. Executors use it to evidence due diligence before administering an estate.

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

It is documentation that a diligent search of a will registry was performed. Executors use it to evidence due diligence before administering an estate.

The Canadian position

Ontario courts require an applicant with no will to swear an affidavit of diligent search. A registry search certificate is concrete evidence supporting that affidavit.

An executor who fails to search properly can be personally liable if a will surfaces later.

The Islamic position

The obligation runs both ways: the testator must keep the will findable, and the executor must genuinely look for it.

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. Apply for probate of an estate — Government of Ontario
  3. Estate Administration Tax — Government of Ontario
  4. Estates Act, RSO 1990, c E.21 — Government of Ontario
Further reading — Treadstone Law
  1. Executor personally liable estate debts ontario — Treadstone Law
  2. Estate trustee personally liable delayed sale depreciation ontario — Treadstone Law
  3. Other family challenge sale to one sibling later ontario — Treadstone Law
  4. Estate sale multiple executors one unavailable ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law