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 |
| Probate cost | Flat $60 for estates not exceeding $1,000, then $0.60 for every additional $100 of estate value above $1,000 (0.6% at the margin, with no cap). On a $500,000 estate that is $60 + (4,990 × $0.60) ≈ $3,054. The rate rose from $0.50 to $0.60 per $100 for grants made on or after 23 June 2015 — a Supreme Court of Newfoundland and Labrador decision specifically had to clarify which rate applies to estates that straddle that date. |
| Spouse’s share on intestacy | Like Prince Edward Island, Newfoundland and Labrador has NO preferential dollar amount at all — it is fractional from the first dollar of the estate. Where an intestate dies leaving a spouse and one child, the spouse takes 1/2 and the child 1/2. Where an intestate dies leaving a spouse and more than one child, the spouse takes 1/3 and the children share the remaining 2/3. Where there is a spouse and no issue, the spouse takes the whole estate. The Intestate Succession Act does not define 'spouse', so on its face this means a legally married spouse — contrast the separate Family Relief Act (next cell), which has expressly included a cohabiting partner as a dependant since a 2024 amendment. |
| Will registry | No general public will registry. As in Alberta, Saskatchewan and Prince Edward Island, the Wills Act's Part III requires the Minister to establish a registration (or registration-and-safekeeping) system, but only for 'international wills' made in the special UNIDROIT-Convention form — a mechanism almost no one uses, not a general findability tool. An ordinary will becomes searchable only once an estate file or a probate caveat/notice exists at the Supreme Court, which anyone can search for free through the court's e-filing system (a fuller search by court staff costs $20). The Law Society of Newfoundland and Labrador's own guidance for 'how do I find a copy of a deceased's will' does not mention any registry — it tells people to contact the drafting lawyer or email the Law Society to canvass its membership. |
| Claims against the estate | Family Relief Act claims. 'Dependant' is defined broadly: the deceased's spouse, the deceased's cohabiting partner (added by a 2024 amendment — a relationship of at least 2 years, or 1 year if the couple have a child together), and any child of the deceased. 'Child' carries NO age limit and no disability or dependency requirement — an adopted child and a child en ventre sa mere both qualify, and so does an independent, financially secure adult child, exactly as in Nova Scotia and unlike Ontario or PEI. The court's actual test is whether the will (or the intestacy share) makes 'adequate provision... for the maintenance and support' of the dependant — a real independent-adult-child claim can still fail on the merits, but the Act does not shut the door on standing the way Ontario's and PEI's definitions do. |
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 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.
- 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
- Religion by census metropolitan area, 2021 Census — Statistics Canada
- Preferential share spouse intestacy ontario — Treadstone Law
- Holograph handwritten will ontario — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Can children of deceased child inherit per stirpes ontario — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Wills & estates practice — Treadstone Law