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How do I get a copy of someone’s will after they die?

Disinherited family members and disappointed beneficiaries often are denied access to a copy of a Will by the executors.

If there has been an application for a certificate of appointment the easiest way to obtain a copy of a will is to approach the Registrar at the Superior Court of Justice in the jurisdiction where the deceased resided. The court will allow inspection of the file and for a fee, a photocopy of the Will.

If there has not been an application for probate, then any person who appears to have a financial interest in an estate may apply to court (without notice to the executor) for a copy of the Will.

This motion is made in accordance with section 9 of the Estates Act, R.S.O. 1990, c. E.21 and Rule 74.15(1) of RULES OF CIVIL PROCEDURE – R.R.O. 1990, Reg. 194.

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