Estates Administration and Finding a Will
|Record #: BTN4878||Last Full Update: 16 Oct 2017|
|Located In Community||Halton Region|
|Physical Access||Not Applicable|
|Agency and Service Names|
|Alternate Name||Estate Administration Tax ; Estate Information Return ; Find a Will ; Wills Depository|
|Legal Status||(40) Federal Government ; (99) Unknown / No Service|
|Description and Service Details|
For general Information, see Ontario Ministry of the Attorney General website here.
Estate Administration Tax and Estate Information Return:
* For information, see Ontario Ministry of Finance website here
* Estate Information Return Guide
* Estate Information Return Form (if using too old a version of Adobe to open, select 'Open with Different Viewer' near top right of screen, then open or save).
Federal benefits and income tax when someone dies
See Canada Revenue Agency website here.
Preparing a will
* there is no government-issued standard form for wills in Ontario
* some books or kits available at libraries, bookstores and stationery stores have advice and forms, but many advise the hiring of a lawyer
* also see Advocacy Centre for the Elderly's Information about wills here
To find a current will that was prepared in Ontario:
1. It may have been deposited in the Superior Court of Justice Depository
* any testator (the person who makes a will) can deposit a will with the registrar of the court in any Superior Court of Justice courthouse in Ontario
* this is not a complete central registry of wills, it includes only wills which testators have chosen to deposit.
* to request an electronic search, contact any Estates Department of the Civil Office of the Superior Court of Justice (for list of court addresses and phone numbers, see here)
* those who are hearing-impaired may request a search via TTY line at 416-326-4012.
* accessing a deposited will is governed by Rule 74.02 of the Rules of Civil Procedure (see here)
2. If the will was prepared by a lawyer:
* the lawyer should have a copy
* if lawyer is not known, the Law Society of Upper Canada or local legal associations may notify their members that the will of a certain person is being sought
* if lawyer is no longer practising, wills in their possession may have been deposited with the Law Society of Upper Canada, Trustee Services, for more information see here
3. Wills Registries:
Some people deposit their will and other documents related to their estate with a private business that provides a wills registry.
4. If the deceased's personal representative has filed an application for a certificate of appointment of estate trustee with a will at the Superior Court of Justice:
* any person may inspect the file and obtain a copy of the will upon payment of the prescribed fee, unless a judge of the court has ordered the file sealed
* for more information see Ontario Ministry of the Attorney General information here
5. If the will has already been filed with an Ontario court for probate:
* see Archives of Ontario information on How to Find a Will in Court Records here
For Ontario wills filed with the Court of Probate and Surrogate Courts between 1793 and 1970:
See Archives of Ontario information here
|Hours||Vary by location.|
|Application||Varies by location.|
|Categories and Classification|
|Main Category||Government / Legal ; Topic Guides|
|Secondary Category||Community Legal Services ; Special Topics|
|Service Categories||Post Mortem Estate Administration|