I Lost My Will! What Should I Do?

Listen to this blog: I Lost My Will! What Should I Do?by Stonebridge Law

4:34

First off, don't panic! Losing an important document like your original will can be a stressful and concerning experience, but there are always avenues to a successful solution. And look, we get it! Since a will is not something you often look at or use, it can be difficult to keep track of. We're here to guide you through the process of what to do if you've lost your will.

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Confirm the Original Storage Location

The first thing to do is recall where the original will was first stored. Of course, that seems like an obvious step, but it is an important one. Typically, at the time of signing a will with a lawyer, you will discuss where the original document is going to be stored. Although less common now, it used to be a standard practice that your law firm would store your original will for a client. The client would receive a copy of the signed will and the copy would usually have a stamp indicating that the original is stored with the lawyer. Often we meet with people who think they have lost their original will, but it turns out they only ever had a copy and the lawyer who prepared it has the original. All that to say, you want to make sure that you actually had your original will to begin with before you worry about it being lost! If a copy of the will doesn’t indicate that it was stored with the lawyer, the final letter you received from the lawyer might include that information if you can find it. 

Review All Potential Storage Locations

Take some time to retrace your steps to recall the last time you had the document in your possession. Check common storage places, such as safes, safety deposit boxes, filing cabinets, or secure boxes, and inquire with anyone who might have had access to the document. Sometimes, the document might have been placed in a different location than where you initially thought.

Check for Copies

This is tied to the first suggestion. If you can't locate the original, your next best step is to check for a copy of your will. This might include drafts and electronic copies. While only the original is legally binding, probate and estate administration can be achieved with only a copy of the will. A copy can also be used as a basis to draft a new will. 

Check with Trusted Family Members or Executors

Reach out to trusted family members or individuals named as executors in your will. They may have been informed of the will's location or may have access to a copy. Communication is key in these situations, as it helps to pool resources and information to locate the missing document.

Contact Your Lawyer or Notary 

If you worked with a lawyer or notary public to create your will, contact them immediately. They will likely have a copy of your will in their records, and they can guide you through the next steps. Your lawyer may also offer insights into whether the lost will was registered with the British Columbia Vital Statistics Agency's Wills Registry, providing an additional layer of protection

Create a New Will if Necessary

If, despite your best efforts, the original will cannot be found, you may need to consider creating a new will. It’s a good idea to work on creating a new will as soon as possible. If a person dies and their will cannot be found, the default presumption under BC law is that the deceased person intended to destroy the will so that it is not carried out.

This isn't the outcome you wanted, but making a new will is not the end of the world! Since circumstances and wishes change from time to time anyway, it's a good idea you revisit your will every so often. This gives you a perfect opportunity to revisit your estate plan with a lawyer and create a new will to align with your current intentions and wishes.