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FAQs

My parents are deceased. I have asked my brother, who seems to have taken control of things, for a copy of my parents’ wills, but he refuses. Can I get copies of the wills?

If the person making the request is named as a beneficiary in the Will, the executor should provide a copy of the Will or the relevant parts of the will to the beneficiary. If the person requesting a copy of the Will is not a beneficiary or is not named or mentioned in the Will, the executor has no duty to provide a copy of the Will to that person.

In some cases, the executor may need to apply to the court to validate the Will before the executor may deal with certain of the deceased person’s assets. This application to validate the Will is called an Application for a Certificate of Appointment of Estate Trustee with a Will and is commonly referred to as a Probate Application. When the executor applies for probate, the Will is filed at the Estate office and is on the public record. Any person can attend at the court office to view the Will.

© 2015 Lawrence, Lawrence, Stevenson LLP

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43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: lls@lawrences.com

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