Canadian Will Registry
Is there a Will registry in Canada?
There is no such thing as a Will Registry in Canada. Everybody has a right to create their own legal Will, but the storage of that Will is up to the individual.
Can I prepare my own Will or do I need a lawyer?
There is no legal requirement to use the services of a legal professional to create your own Will. A lawyer can give you legal advice if you have specific requirements within your Will, but if you do not need legal advice, you can prepare your own Will.
How would I create my own Will?
Technically you can handwrite your Will on a piece of paper; if it says that it is your Will and is signed correctly, then it could have legal standing. However, this is not advisable. You could also use a blank form Will kit, but these too are too likely to result in mistakes that may make the document inadmissable. A growing number of Canadians are taking advantage of impressive online tools that guide you through the process of creating your Will, such as those available at www.LegalWills.ca.
Would a Will created online be legal?
A site like www.LegalWills.ca provides you with the tools to prepare your own Will, but does not give you legal advice. You can create a legal Will using these tools, but challenges to your Will may still come if for example you have left dependents out of your Will. If you have a straightforward situation and do not require legal advice, then a site like www.LegalWills.ca may be perfect for you.
What do I do with my Will once it's been created?
The choice of where to store the documents is a personal one. Most importantly, it must be somewhere that allows the Executor to find them when they are required. So you could for example store them with your other important personal documents. Obviously, there is a risk that these could be lost in something like a house fire, so some people store them in a safety deposit box. However, you have to make sure that the Executor will be able to gain access to this box, which is often quite difficult as they would have to prove that they are the Executor and they cannot always do this without the Will!!
I thought there was a place for searching Wills.
Once a Will has been probated (after you have died) Wills are public records and stored with the probate courts. You can search for Wills of people who have died, but not for Wills that have not yet been administered.