How to Store Your Will Safely in Canada: Best Practices

You went through the effort of making a will. You signed it, witnessed it, and it is legally valid. Now — where do you put it?

This is not trivial. If the original will cannot be found after your death, the court may presume it was destroyed with the intent to revoke it — meaning your estate is distributed under intestacy rules, as if you never had a will. A copy is generally not sufficient. The original matters.

Why the Original Will Matters

To obtain probate, the executor must submit the original will to the court. If it cannot be found, the court presumes it was destroyed with intent to revoke (the "presumption of revocation"). A copy may be accepted in rare circumstances, but the executor must prove the will was not intentionally destroyed — which is difficult and expensive.

Where to Store Your Will: Options Ranked

1. With Your Lawyer or Professional (Recommended)

Many professionals store original wills in a secure, fireproof facility. The will is protected from loss, damage, and theft, and your executor knows where to retrieve it. At Wills Made Easy, original wills can be stored securely as part of the service.

2. A Home Fireproof Safe

Reasonable if the safe is genuinely fireproof, your executor knows it exists and how to access it, and you do not move frequently. Tell your executor where the safe is and how to open it.

3. A Safety Deposit Box

Secure and fireproof, but after death the box may be sealed until probate — creating a catch-22. Verify with your bank that your executor can access the box to retrieve the will.

4. At Home in a Filing Cabinet (Not Recommended)

The most common and most risky option. Exposes the will to loss during a move, accidental destruction, and inaccessibility if the executor does not know where it is.

What to Tell Your Executor

Your executor needs to know: that you have a will, where the original is stored, how to access it, and who the alternate executor is. Do not assume they will figure it out.

Should You Keep a Copy?

Yes — mark it clearly as "COPY." Do not mark, annotate, or write on the original will. Any marks can be interpreted as attempts to amend the will and create ambiguity.

At Wills Made Easy, your will is prepared by a licensed professional and the original is stored securely. Your executor receives clear instructions on how to retrieve it. Find your city to get started — $395 for individuals, $495 for couples.