Who keeps the original copy of a will?
The original will is usually kept by the person who made it, their lawyer, or the court. After death, the executor normally uses the original will for probate.
Who is entitled to see a copy of a will in Ontario?
In Ontario, a will is private while the person who made it is alive. No family member, beneficiary, or executor is automatically entitled to see a copy before death unless the will-maker chooses to share it or a court orders access. After death, people who has the right to see a will include the executor or estate trustee, beneficiaries named in the will, and people who are entitled to share in the estate.
According to Rule 74.04(2) of the Ontario Rules of Civil Procedure, if probate is started, the applicant must serve the required estate application documents on the people entitled to share in the estate.
Can a family member request a copy of a will?
Before death, a family member usually has no automatic right to see the will unless the will-maker agrees or a court orders access.
How long after a person dies will beneficiaries be notified in Ontario?
There is no fixed deadline that says beneficiaries must be notified within a certain number of days after death. Beneficiaries are notified when the executor applies for probate, formally called a Certificate of Appointment of Estate Trustee. Under Rule 74.04(2) of the Ontario Rules of Civil Procedure, the applicant must serve the estate application documents on every person entitled to share in the estate. If there is a will, this includes a copy of the will or the relevant part of it.
How long after death is a will read?
There is no scheduled will reading after the funeral. After someone dies, the executor / estate trustee should locate and review the original will as soon as reasonably practical. If probate is required, the executor applies for a Certificate of Appointment of Estate Trustee, which gives legal authority to manage estate assets and debts.
Who reads the will after someone dies?
There is usually no official family will-reading meeting in Ontario. The estate trustee reviews the original will, identifies beneficiaries, manages estate assets, pays debts, and applies for probate if needed. If there is a will, the person named as estate trustee is typically the one who applies for probate.
Does a lawyer have to read a will?
A lawyer may read or explain the will if the executor hires one, but a lawyer is not automatically required to “read the will” to everyone.