A will nobody can find is, in practice, a will that does not exist. Here is how wills are located in Newfoundland and Labrador, and what the law expects of an executor who cannot find one.
Where to look in Newfoundland and Labrador
| Item | Newfoundland and Labrador |
|---|---|
| Governing statute | Wills Act and Intestate Succession Act |
| Court | Supreme Court of Newfoundland and Labrador |
| Handwritten (holograph) wills | Valid [confirm against the statute] |
| Probate cost | Charged as a percentage of estate value, in the region of 0.6%. [confirm against the statute] |
| Spouse’s share on intestacy | The spouse takes a share of the estate alongside issue, by fraction. [confirm against the statute] |
| Will registry | No central government will registry. [confirm against the statute] |
| Claims against the estate | Family Relief Act claims. [confirm against the statute] |
A diligent search
- The deceased’s lawyer, and the firm’s successor if it has closed.
- Safety deposit boxes at every bank they used.
- Home safes, filing cabinets, and digital storage.
- Will registries — government where one exists, private otherwise.
- The provincial law society, which may hold records for a wound-up practice.
Where an original will was last known to be with the deceased and cannot be found, a court may presume it was destroyed deliberately — and administer the estate as an intestacy. Documenting the search is what rebuts that.
Why this is a religious question too
The hadith on wills speaks of the document being "kept ready with him" — findability is part of the obligation, not an administrative afterthought. Recording that a will exists, and where, is the gap the Islamic Will Registry exists to close.
Common questions
What if we cannot find the original?
A copy may be admissible, but where the original was last known to be with the deceased a court may presume it was destroyed deliberately and treat the estate as intestate.
Who is allowed to search for a will?
Typically the executor named in a will, or a family member applying to administer the estate.
Does registering a will make it valid?
No. A registry records that a will exists and where it is kept. Validity is a separate question governed by the province's formal requirements.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- What to do when someone has died — Canada Revenue Agency
- Probate fees by province / territory — TaxTips.ca
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
- Sponsoring child other parent deceased unknown canada — Treadstone Law
- Enforcing judgment deceased debtors estate ontario — Treadstone Law
- Can executor apply for probate without lawyer ontario — Treadstone Law
- Executor undisclosed assets found after distribution — Treadstone Law
- Beneficiary dispute with executor ontario — Treadstone Law
- Deceased final tax return estate taxes ontario — Treadstone Law
- Wills & estates practice — Treadstone Law
- Religion by census metropolitan area, 2021 Census — Statistics Canada