Sep 14, 2026
Preparing a will is one of the most important steps in estate planning, but what happens when the time comes to probate your will and no one can find the original? A family member may know that a will exists, but they are unable to locate it. There are also cases where the deceased may have mentioned that they prepared a new subsequent will, but no one can find it.
If your original will cannot be found, the administration of your estate can face significant delays while trying to locate it. In some circumstances, your estate may be administered as if no will had existed (intestate). In this blog, I will share a few tips on where and how to store your will so that your executor or family can easily find it when it’s needed.
- At your home
Your will should be placed in a fireproof and waterproof location, such as a safe. Make sure to advise your executor where the original will is located, and how they can access it.
- At the will drafting lawyer’s office
You may leave your original will with the lawyer who drafted it. Be sure to leave the lawyer’s contact information with your executor or a trusted family member.
- At the Superior Court of Justice
You can safely store your original will at the Superior Court of Justice for a small fee. You should advise your executor of the location and jurisdiction of the Superior Court of Justice where your will is held.
If your will cannot be located after your death or if no one knows it exists, it cannot serve its purpose. It is important that your executor or someone you trust knows where the original will is located. This can help avoid lengthy court applications and thousands of dollars in legal fees. Most importantly, it will give you and your loved ones the peace of mind that your wishes will be respected.
Stacie Chrysanthopoulos
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
May 5, 2026
Working in Estates law, I have seen countless matters where a person has died without a Will (“intestate”), or their Will was written decades prior to their passing. As such, their Will (or lack thereof) does not accurately reflect their assets upon their death, nor their wishes for the management and distribution of their assets.
This got me thinking: ‘When was the last time my Mum and Dad updated their Wills?’. I brought this up to my parents one day and was shocked to find out that their Wills were written over two decades ago just after I was born. Having children prompted my parents to draft Wills so that they could ensure we were taken care of in the event of an accident or illness. Now that so many years had passed, my parents’ lives had changed dramatically, but their Wills did not reflect this. I knew it was time for me to have “the talk” with them (the Will talk!).
I took the time to discuss the importance of a clear, comprehensive and up-to-date Will with my parents, and it is probably one of our most important conversations to date. Shortly after we spoke, my parents made an appointment with a lawyer and had their Wills updated to reflect their current wishes and assets.
I am beyond grateful that I had the knowledge and forethought needed to persuade my parents to update their Wills. Most times, people do not draft or update their Wills because they don’t truly understand their significance. To put it simply, having an accurate attested Will is essential for three main reasons:
- It will protect your assets and wishes;
- It will provide clear instructions to loved ones upon your passing; and
- It will help relieve any potential conflict regarding your estate.
I hope you take this blog post as an opportunity to remind your loved ones of the importance of having a formal Will!
Hannah Henley
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
