In New Brunswick, the safest place to store your original will is typically in the fireproof vault of the law firm that drafted it, or in a personal safety deposit box. The Court of King’s Bench generally requires the original physical document to grant probate, making proper storage absolutely critical to ensure your final wishes are honoured.
Drafting your final wishes is only the first part of the estate planning process. If your executor cannot physically find the original document when you pass away, it is as if the will never existed. In New Brunswick, losing the original document can cause massive legal headaches for your grieving family.
Whether you reside in Moncton, Fredericton, or Saint John, knowing how to store your original will securely is paramount. Because the local probate courts heavily rely on original signatures, this guide outlines the safest methods to protect your documents from fire, theft, or simply being misplaced. 📍
Step-by-Step Process for Storing Your Will in New Brunswick
Choosing the right storage method involves balancing extreme security with accessibility. Your executor needs to be able to access the document easily upon your passing without jumping through impossible legal hoops.
Step 1: Storing with a Local Law Firm
For most residents in New Brunswick, the most reliable method is leaving the original document with the law firm that drafted it. Law firms are required to have extremely secure, fireproof vaults.
When you leave it with a lawyer, they will provide you with a high-quality copy to take home. This copy will usually have a stamp indicating exactly which law firm holds the original. If the lawyer ever retires or closes their practice, the provincial law society ensures all stored wills are safely transferred to another practicing lawyer.
Step 2: Using a Bank Safety Deposit Box
If you prefer to keep your documents yourself, renting a safety deposit box at a Canadian bank is a highly secure alternative. However, this method requires careful planning. 💰
If only your name is on the box, the bank will seal it upon your death. Your executor will then have to petition the Court of King’s Bench just to get permission to open the box to search for the will. To avoid this, you should set up the safety deposit box jointly with your executor or grant them specific access rights.
Step 3: Storing in a Home Fireproof Safe
If you insist on keeping the original will at home, you must invest in a high-quality fireproof and waterproof safe. Storing it in a regular desk drawer or a shoebox is highly discouraged.
If you choose this route, you must explicitly tell your executor where the safe is located and provide them with the combination or key. If the safe cannot be opened, your family may have to hire an expensive locksmith.
Step 4: Registering Your Will’s Location
While New Brunswick does not have a mandatory government registry for wills, you can voluntarily register the location of your document with the Canada Will Registry. This does not store the document itself, but rather registers a digital record of exactly where the physical copy is located (e.g., “Stored at Smith Law Firm in Saint John”), making it incredibly easy for your executor to find.
Comparing Will Storage Options
| Storage Method | Security Level | Accessibility for Executor |
|---|---|---|
| Law Firm Vault | Maximum. Protected from fire, theft, and tampering. | Very High. Executor simply shows a death certificate to the lawyer. |
| Bank Safety Deposit Box | Maximum. Bank-level security protocols. | Medium. Can be difficult if the box is not held jointly. |
| Home Fireproof Safe | Moderate. Vulnerable to misplacement or severe house fires. | High, provided the executor knows the access code. |
How Much Does it Cost in New Brunswick?
Securing your original will is a minor expense compared to the massive legal fees your estate would pay if the document was lost:
- Law Firm Storage: If the law firm drafted your will, they generally store the original in their vault for $0 CAD (it is usually included in the drafting fee).
- Bank Safety Deposit Box: Renting a standard small box at a local bank generally costs between $50 and $125 CAD per year.
- Home Safe: A reliable, fire-rated home safe will cost between $150 and $500 CAD upfront.
- Canada Will Registry: Registering the location of your will online usually costs a one-time fee of roughly $40 CAD.
How Long Does the Process Take?
Securing your will takes almost no time. If you leave it with your lawyer, it is safely stored the very same day you sign it. ⏱
Opening a safety deposit box at your bank in Fredericton or Moncton typically takes about 1 hour of your time to complete the paperwork and receive your keys. You should immediately provide a photocopy of the will and the storage details to your appointed executor.
Frequently Asked Questions (FAQ)
Can a photocopy of my will be used for probate?
Generally, the Court of King’s Bench will heavily presume that if the original will cannot be found, you intentionally destroyed it to revoke it. Proving a photocopy in court is an extremely expensive and complex legal battle that you want to avoid.
What happens if my lawyer retires or dies?
In New Brunswick, lawyers are strictly regulated by the Law Society. If a law firm closes, the Law Society oversees the secure transfer of all original wills to another practicing law firm. Your document will never be thrown away.
Should I give the original will directly to my executor?
It is generally not recommended. If you give them the original and you outlive them, or if they move away or lose the document, your estate is at risk. It is safer to store the original securely and give the executor a copy with storage instructions.
Where should I store my Power of Attorney?
Your Power of Attorney should be stored alongside your original will. However, because a Power of Attorney must be used while you are still alive, ensure your appointed attorney knows exactly how to access it in the event of an unexpected medical emergency.
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