Quick answer. Store your original will with your lawyer, in the will depository at the Superior Court of Justice, or in a fireproof safe at home that your estate trustee can open. Avoid a safety deposit box that only you can access and any hiding spot nobody knows about. Ontario courts normally need the signed original for probate, and a will that cannot be found may be treated as revoked.
The best places to store a will in Ontario are your lawyer’s office, the will depository at the Superior Court of Justice, and a fireproof safe at home that your estate trustee knows about and can open. The worst places are a bank safety deposit box that only you can access, a hiding spot nobody knows about, and any arrangement where a copy survives but the signed original does not.
The storage decision matters more than most people expect. Ontario courts normally require the original signed will before granting probate. If the original was last in your possession and cannot be found after your death, the law may presume you destroyed it with the intention of revoking it, and your estate could then be divided as if you never made a will. This guide explains each storage option, what it costs, how your estate trustee retrieves the will after your death, and the storage mistakes we see in our Toronto and Ottawa practice.
Why Does It Matter Where You Store Your Will in Ontario?
A will controls what happens to everything you own, but it only works if the original document reaches the court in good condition. When your estate trustee applies for probate, formally called a Certificate of Appointment of Estate Trustee, the application filed with the Superior Court of Justice normally includes the original signed will. You can read more about how that application works on the Ontario government’s apply for probate page.
Three problems flow from poor storage. The first is loss. If the original was last known to be in your hands and nobody can find it after your death, Ontario law presumes you destroyed it on purpose. Your family can challenge that presumption in court, but the process takes months, costs real money, and does not always succeed. Our guide to the probate process in Ontario explains where the will fits into that timeline.
The second is damage. A will that arrives at the courthouse torn, water stained, or marked up invites questions about whether someone altered or partially revoked it. Even extra staple holes matter, because they suggest pages may have been removed or swapped, and court staff can ask for a sworn explanation of the document’s condition before the application moves forward.
The third is access. A perfectly preserved will locked somewhere nobody can reach creates delay at exactly the moment your family is grieving and bills need to be paid. Good storage keeps the original safe, unaltered, and retrievable by the right person.
What Are the Best Places to Store a Will?
Three storage options consistently work well in Ontario. Each has advantages and drawbacks, and the right choice depends on how often you expect to update your will and how easily your estate trustee can use each arrangement.
Your Lawyer’s Office
Many Ontario law firms store original wills for their clients in a secure, fireproof location and record the details in the client file. Law Society rules require lawyers to keep careful records of valuable client property, so a will held by a firm is tracked, protected, and easy to retrieve when your estate trustee calls with a death certificate. Storage with the drafting firm also makes updates simple, because the original is already in the hands of the wills and estates lawyer who will prepare the change.
The main risk is losing track of the firm rather than the will. Firms move, merge, and change names over decades. Keep the firm’s name and contact details with your personal papers, and tell your estate trustee which firm holds the original.
The Will Depository at the Superior Court of Justice
Ontario runs an official will depository that most people have never heard of. Section 2 of the Estates Act allows you to deposit your original will and any codicils with the registrar of the Superior Court of Justice for safekeeping. The court fee is $28 for the deposit as of July 2026, the registrar seals your will in an envelope in front of you, and the deposit is recorded with the Estate Registrar for Ontario so it surfaces when someone applies for probate.
Privacy is built in. During your lifetime, nobody can remove, copy, or inspect the deposited will except you in person, a guardian of your property, or someone with a court order. After your death, the registrar delivers the will to the estate trustee named in it once a written request and a death certificate are filed. The full step by step process appears later in this guide.
The drawback is friction. Updating a deposited will means attending the courthouse in person to withdraw it, which discourages the regular reviews a good estate plan needs. The depository suits people whose wills are settled and who want institutional custody at minimal cost.
A Fireproof Safe at Home
A home safe works well if you get three things right. Buy a safe rated for fire and water protection rather than a simple lockbox. Make sure your estate trustee knows the safe exists, where it sits, and how to open it or where the key or code is kept. Keep the will flat, unfolded if possible, and away from anything that could damage it.
Home storage keeps the will close and makes updates easy, which matters because a will should be reviewed after every major life change. Our article on will drafting in Ontario covers when an update is worth making. The risk is that home storage depends entirely on your own systems. If the code dies with you, the safe becomes a locked box your family must pay to open, and if the will inside is never found, the presumption of revocation can apply.
How Do the Main Will Storage Options Compare?
The table below compares the five arrangements we encounter most often, including two we recommend against.
| Storage option | Typical cost | Access after death | Main risk |
|---|---|---|---|
| Lawyer’s office | Often free or a modest fee, varies by firm | Estate trustee contacts the firm with proof of death | The firm changes names or closes and nobody records where files went |
| Court will depository | $28 court fee as of July 2026 | Estate trustee files a written request with a death certificate | Updating the will requires attending the courthouse in person |
| Fireproof safe at home | The price of the safe | Immediate, if the estate trustee has the key or code | Fire, flood, theft, or a code nobody else knows |
| Safety deposit box | Annual rental fees | Varies by bank and can be delayed | The will proving your trustee’s authority may be locked inside the box |
| Digital copy only | Free | Not accepted for probate on its own | The court may treat the missing original as revoked |
If you take one thing from this table, take this. Every strong option pairs secure storage with a person who knows exactly where the original is and how to get it.
Where Should You Not Store Your Will?
A Safety Deposit Box You Rent Alone
The safety deposit box is the classic storage trap. Once a bank learns of a renter’s death, it restricts access to the box. Each institution sets its own rules from there. Some allow the named estate trustee to open the box with a bank officer present to look for the will and funeral instructions. Others want probate first. Probate normally requires the original will, and the original will is sitting inside the box, which leaves your family arguing in a branch office while the estate stands still.
If you still prefer a bank box, reduce the risk. Add your spouse or estate trustee as a joint renter with access rights, keep a copy of the will at home with a note stating that the original is in the box, and name the branch. Even then, a lawyer’s office or the court depository removes the access problem entirely.
A Digital Scan or Photocopy as Your Only Version
Ontario does not recognize electronic wills. A scan on your laptop, a PDF in the cloud, or a photocopy in a drawer is evidence that a will existed, not the will itself. If the signed original disappears, your family faces a court application to prove the lost will, and the court may not accept the copy.
Copies still have a job. Keep one or two, mark each clearly as a copy, and attach a note recording where the original is stored and how to reach it. A copy that points to the original is helpful. A copy standing in for a missing original is a problem.
Hiding Spots and Informal Arrangements
Every estates lawyer has stories about wills found in freezers, taped behind picture frames, tucked into books, or never found at all. A hidden will protects your privacy right up until it defeats your entire estate plan. Families have administered estates on the assumption there was no will, only to find one after the assets were distributed.
Handing the original to a beneficiary for safekeeping is another quiet mistake. It puts the person who benefits from the document in control of it, which invites suspicion and gives a disappointed relative something concrete to challenge. Keep custody neutral. A lawyer, the court, or a safe your estate trustee can open all serve better.
How Do You Deposit a Will with the Ontario Court?
Depositing a will for safekeeping is a short errand rather than a legal proceeding. Here is the process from start to finish.
- Find your local Superior Court of Justice courthouse and go to the court office that handles estates.
- Bring your original will and any codicils, government identification, and the court fee. The fee is $28 for the deposit of a will or codicil as of July 2026 under Ontario’s court fee schedule, which you can confirm on the Ontario court fees page.
- Consider bringing an affidavit of execution sworn by one of your witnesses. The rules allow it to be deposited with the will, and it strengthens the evidence of proper signing if questions ever arise.
- Watch the registrar seal the will in an envelope in your presence. The envelope is endorsed with the date of deposit, your name and date of birth, the depositor’s name and address, the estate trustee named in the will, and the date of the will.
- The registrar then sends notice of the deposit to the Estate Registrar for Ontario within seven days, which creates the record that surfaces during any later probate application.
- Tell your estate trustee what you did and which courthouse holds the will. After your death, the trustee files a written request stating your date of birth along with a death certificate, and the registrar releases the will to the estate trustee named in it.
Two housekeeping points. Wills held on deposit for 125 years or more move to the Archivist of Ontario, so the document will outlast everyone involved. And if you make a new will, withdraw the old one from deposit and replace it, because a superseded will sitting in the depository can cause confusion during probate.
What Happens If Your Will Cannot Be Found After Your Death?
The search comes first. Estate trustees and family members should check the home, contact every lawyer the deceased ever used, ask the banks about any safety deposit box, and request a search of the Estate Registrar for Ontario’s records for a will on deposit. Private will registries can also be checked if the deceased registered with one.
If the original never turns up, the legal position hardens. Where the will was last known to be in the deceased’s possession, Ontario law presumes it was destroyed with the intention of revoking it. Family members who believe the will still reflected the deceased’s wishes must apply to court to prove the lost will, using a copy and evidence that the will was properly signed, that it was never revoked, and that the copy reflects its contents. Where everyone with a financial interest consents, the application can proceed on affidavit evidence. Where they do not, the court gives directions, and the matter can stretch out for months with real legal costs. An experienced probate lawyer can assess whether the evidence supports the application before your family spends money on it.
If the presumption stands, the estate is distributed under Ontario’s intestacy rules as if no will existed. Our article on what happens if you die without a will in Ontario shows how different that outcome can be from what people intend. The entire problem is avoidable with storage decisions that cost between nothing and $28.
Who Should Know Where Your Will Is Stored?
Your estate trustee needs to know, full stop. Your alternate estate trustee should know as well, since the alternate steps in exactly when the first choice cannot act. Many clients also tell their spouse or an adult child. None of these people needs to read the will. Location and access can be shared while the contents stay private.
Put it in writing. Keep a dated will information sheet with your personal papers that records where the original will is stored, which firm prepared it, where your powers of attorney are kept, and how to contact your lawyer. Update the sheet every time you move, change lawyers, or sign a new will.
Two Ontario specifics are worth knowing. First, the province keeps no general registry of wills, so nobody can simply look yours up. The Estate Registrar records only wills deposited with the court, and voluntary private registries such as the Canada Will Registry record that a will exists and who holds it without storing the document. Registration is optional and does not replace telling your estate trustee directly. Second, keep your powers of attorney out of the court depository and somewhere accessible, because those documents are needed while you are alive, often quickly.
Frequently Asked Questions
Can I keep my will in a bank safety deposit box in Ontario?
You can, but it is risky. Banks restrict access to a box once they learn of a death, and each institution sets its own rules for opening it. Some let your estate trustee search the box for the will with a bank officer present, while others ask for probate first, which is hard to get without the will. If you use a box, arrange joint access and tell your estate trustee where the key is.
Does Ontario have a government will registry?
No. Ontario keeps no general registry of wills. The Estate Registrar for Ontario records only wills deposited with the Superior Court of Justice for safekeeping. Private voluntary registries exist, and they record that a will exists and who holds it without storing the document. None of this replaces telling your estate trustee directly where the original is.
Is a photocopy or scan of my will valid in Ontario?
Not on its own. Ontario courts normally require the original signed will for probate. A copy only becomes usable if a court accepts it through a lost will application, which requires evidence that the will was properly signed, that you did not revoke it, and that the copy reflects its contents. Keep copies as a safety net, clearly marked as copies, with a note stating where the original is stored.
How much does it cost to deposit a will with the Ontario court?
The court fee is $28 for the deposit of a will or codicil for safekeeping, as of July 2026. You pay the fee when you attend the courthouse with your original will, and you can deposit an affidavit of execution at the same time. Court fees change from time to time, so confirm the current amount with the court office before you go.
Should my estate trustee have a copy of my will?
Your estate trustee needs to know where the original is and how to reach it. Whether they also hold a copy is up to you. Many clients give the trustee a copy or a sealed envelope with a location note, which speeds things up after a death. If you prefer to keep the contents private during your lifetime, share the location and your lawyer’s contact details instead of the document itself.
What should I do with my old will when I sign a new one?
A properly signed new will normally revokes the old one, but an outdated original left in circulation still causes confusion and can fuel disputes. Once your new will is validly signed, retrieve the old original from wherever it is stored and destroy it, and ask any firm holding it to update its records. Keep a note of the date the old will was destroyed with your papers.
The information provided above is of a general nature and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your particular requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.
