What If No One Can Find Your Will?
Learn what happens if your Will cannot be located after your death, how the law treats missing Wills, and what you can do now to ensure your plan is found and followed
You may write a thoughtful, well-drafted Will, but if no one can find the original when it is needed, the legal system may treat your estate as if you had no Will at all. This is one of the most preventable failures in estate planning—and one of the most common.
A lost or inaccessible Will can lead to stress, delays, legal costs, and outcomes you never intended. That is why storing your Will properly and letting the right people know about it is as important as writing it.
What Happens If Your Will Is Missing
When the original Will cannot be found, the court assumes one of two things:
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You never made a Will.
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You made a Will but destroyed or revoked it.
Unless someone can prove otherwise, your estate may be distributed under intestacy laws, which follow a set formula based on provincial rules.
| Situation | What Happens |
|---|---|
| No Will found | Estate is distributed as if no Will ever existed |
| Only a copy exists | Court may or may not accept the copy depending on circumstances |
| Will is referenced but missing | Additional evidence is needed to validate its terms |
| Family suspects a Will existed | They must prove its contents and existence to the court |
Tip: Courts are cautious with photocopies. If the original cannot be found and there is no proof of destruction, a copy might be accepted—but only with affidavits and supporting testimony.
How a Missing Will Affects Your Executor and Family
Without an original Will, your executor may not be able to act, your instructions may be ignored, and your estate could be settled very differently than you planned.
Consequences of a lost Will include:
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A different person being appointed to manage your estate
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Your spouse or children receiving different amounts than you intended
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Personal gifts or donations being lost
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Added legal costs and court delays
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Family disputes over what you “would have wanted”
Important: Even if your family is aware of your wishes, the law requires legal documentation. Verbal intentions or informal notes are not enough.
How to Make Sure Your Will Can Be Found
The solution is simple but critical: secure storage and communication. These two steps can prevent the loss of your Will and protect your legacy.
Steps to take:
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Store your Will in a safe, accessible location (not hidden or locked away)
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Tell your executor where it is and how to access it
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Consider registering the location in a provincial or private Will registry
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Keep a written summary in an estate binder or digital organizer
Update your storage plan if you move, change lawyers, or revise your Will.
How Optimize Helps You Safeguard and Share Your Will
At Optimize, we help you go beyond drafting a Will. We work with you to make sure your Will is signed, stored, and shareable in a way that gives your family and executor the clarity they need.
We support you by:
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Recommending reliable storage strategies
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Helping you document and communicate your plan
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Providing checklists and templates for executor communication
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Reviewing your Will’s alignment with your broader financial plan
We help make sure your estate plan works in real life—not just on paper.
Why an Accessible Will Is Key to Protecting Your Legacy
A Will is your voice when you are no longer here to speak. But even the best plans cannot be followed if no one can find the document. Making your Will accessible does not require advanced tools—just intention and communication.
This is one part of estate planning that is entirely within your control.
Keep it safe. Keep it simple. And make sure your Will is not just written, but ready to serve the people you care about most.