Losing a physical document after a loved one’s death adds stress to an already overwhelming situation. At Ambassador Law Corporation, we make the probate process as stress free as possible by guiding you through the established legal pathways for probating a will without the original document.
What BC Law Says About Missing Wills
Under BC’s Wills, Estates and Succession Act (WESA), the Supreme Court has authority to admit a copy of a will, or even a reconstructed version, to probate. The original document is the standard, but it is not always the only option. What matters is whether the court can be satisfied that the will was validly executed by the deceased, that the copy or evidence accurately represents its contents, and that the will-maker did not intentionally revoke the original will.
That last point carries real weight. If an original will cannot be found, BC courts presumes it was destroyed by the testator with the intent to revoke it. Overcoming that presumption requires clear evidence to the contrary.
What Evidence Can Support a Probate Application
When applying to probate a lost will, the strength of your supporting evidence determines the outcome. Courts in BC typically look for a clear copy of the will (such as a photocopy or scanned version), affidavits from witnesses who can confirm the will’s execution, and statements from the lawyer or notary who drafted or stored it. Correspondence or notes referencing the will’s contents can also help, as can any evidence that the deceased did not intend to revoke the original will.
The more corroborating material you can bring together, the stronger the application.
The Role of the Probate Registry
Applications to probate a lost will in BC are filed through the Supreme Court’s Probate Registry. The process requires a petition supported by affidavit evidence explaining the circumstances of the lost will. The court reviews everything before deciding whether to grant probate or a grant of administration with the will annexed based on the available evidence.
When a Will is With a Lawyer or Notary
If the deceased worked with a lawyer or notary to prepare the will, there is a good chance a copy exists in their records. The Law Society of BC and the Society of Notaries Public of BC both have processes for locating records when a legal professional has retired or passed away.
Protecting an Estate When the Will is in Question
Delays in obtaining probate can create real complications for estate administration. Beneficiaries may need access to assets, and financial institutions typically will not release funds without a grant of probate. Moving quickly to gather evidence and file an application helps protect everyone involved.
If you are dealing with a missing will and need guidance through the BC probate process, our team is here to help. Call us at 604-859-4825 to talk through your situation.