In Newfoundland and Labrador, there is no mandatory provincial wills registry, which means it takes zero days to “register” your will. Instead of filing it with the government, you are solely responsible for storing the original, signed document safely-often at your local law firm, in a bank safety deposit box, or a fireproof home safe.
Planning for the future is one of the most responsible things you can do for your family. Many residents in St. John’s, Mount Pearl, and Corner Brook assume that once they finish signing their Last Will and Testament, they must submit it to a government office to make it official. However, unlike some other Canadian provinces, Newfoundland and Labrador does not operate a mandatory central registry for wills.
Because there is no official database, the safety and accessibility of your physical document become incredibly important. If your executor cannot find your original will after you pass away, the Supreme Court of Newfoundland and Labrador will generally treat your estate as if you died “intestate” (without a will), which can cause immense stress and delays for your loved ones. This guide explains how to properly secure your estate documents and ensure your final wishes are respected.
Step-by-Step Process for Storing Your Will in NL
Since you cannot register your document with the provincial government, you must create a foolproof storage plan. Whether you live in a bustling city or a quiet coastal community, the steps to securing your estate plan remain the same.
Step 1: Finalize the Original Document
Before worrying about storage, ensure your will is fully complete. It must be a physical paper document with wet-ink signatures. You and your two witnesses must sign it at the same time. Crucially, your witnesses should also sign an “Affidavit of Execution” in front of a notary public or a lawyer. This extra document proves to the Supreme Court of Newfoundland and Labrador that the will was signed legally, preventing delays during probate.
Step 2: Choose a Secure Storage Location
📂 You have three main options for keeping the original will safe. First, if you hired a local law firm to draft it, they will usually store the original in their fireproof vault for free or a small fee. Second, you can rent a safety deposit box at your local bank. Third, you can buy a high-quality, fire- and water-resistant safe for your home. Never simply hide it in a random desk drawer or a shoebox.
Step 3: Inform Your Executor
A perfectly stored will is useless if nobody knows where it is. You must tell your chosen executor exactly where the original document is located. If it is in a bank safety deposit box, ensure the executor’s name is legally added to the box’s access list, or they will need a court order to open it after you pass away. Provide them with a copy of the will, but remind them that the court strictly requires the original paper document for the probate process.
Step 4: Register with a Private Database (Optional)
While Newfoundland and Labrador does not have a government registry, you can optionally register the location of your will with private, national databases like the Canada Will Registry. You do not upload the document itself; you simply register a record stating where the physical copy is located (e.g., “Stored at Smith Law Firm in Gander”). This helps your family track it down if they forget what you told them.
How Much Does it Cost in Newfoundland and Labrador?
Because there is no provincial registration fee, the costs associated with your will are entirely related to drafting and private storage. Here are the expected costs in CAD as of May 2026:
| Service Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Government Registration | $0 | Newfoundland and Labrador does not have a provincial registry, so there are no filing fees. |
| Law Firm Storage | $0 – $50/year | Most lawyers in NL will store your original will in their vault at no extra charge if they drafted it. |
| Bank Safety Deposit Box | $60 – $150/year | Annual rental fee for a secure box at a Canadian financial institution. |
| Private Will Registry | $40 (One-time) | Optional fee to register the location of your will on a national, private database. |
How Long Does the Process Take?
Drafting a standard will with a local lawyer generally takes 2 to 4 weeks from the initial consultation to the final signing. Once the document is properly signed and witnessed, securing it takes only a few minutes. If you choose to use a private national registry to record its location, that online process takes less than 15 minutes.
Frequently Asked Questions (FAQ)
What happens if my original will is lost or destroyed?
If the original cannot be found, the Supreme Court of Newfoundland and Labrador usually presumes you intentionally destroyed it to revoke it. Proving a photocopy is valid is extremely difficult and requires an expensive legal court application.
Can I just keep my will on my computer?
No. Under current provincial law in Newfoundland and Labrador, a digital file (like a PDF or Word document) is not a legally binding will. You must have a physically printed document signed in wet ink by you and your witnesses.
Does my executor need to read the will now?
It is entirely up to you. You are not legally required to let your executor read the contents of your will while you are alive. However, they absolutely must know the exact physical location of the original document.
Can I make changes to my will after storing it?
Yes, but you cannot simply cross out words with a pen. To legally change your will, you must either write a formal amendment called a “Codicil” (which must also be signed and witnessed) or draft a brand new will that revokes the old one.
Does getting married automatically cancel my old will in NL?
Generally, yes. In Newfoundland and Labrador, marrying usually revokes any will you made previously, unless the will explicitly states that it was made “in contemplation of marriage” to that specific person. Always update your estate plan after major life events.
Leave a Reply