Unlike some other provinces, Nova Scotia does not operate a mandatory, central Wills Registry. To ensure your estate is handled properly, you should store your original will in a secure location, such as your lawyer’s fireproof vault or filed for safekeeping with the Nova Scotia Probate Court.
Drafting your last will and testament is a major accomplishment, but the job is only half done once the ink is dry. 📍 A common question among residents in Halifax, Sydney, and Truro is how to officially “register” their will with the government to ensure it is found after they pass away.
It is important to know that Nova Scotia does not have a mandatory provincial registry for wills. If your executor cannot find the original, physically signed document when you die, the law generally presumes you destroyed it intentionally to revoke it. We will guide you through the best practices for storing your will safely and ensuring it ends up in the right hands.
Step-by-Step Process for Storing Your Will in Nova Scotia
Because you cannot rely on a digital government database, you must be proactive about your physical paperwork. 💼 Follow these steps to safeguard your estate planning documents against fire, theft, and accidental loss.
Step 1: Obtain the Original Copies
When you finish signing your documents with a lawyer, make sure you know exactly where the original wet-ink version is going. Never rely solely on a photocopy. Photocopies are incredibly difficult to pass through the Nova Scotia Probate Court without a costly and lengthy legal hearing.
Step 2: Choose a Highly Secure Location
You have a few reliable options for storage. 🔒 Many people leave the original will in the fireproof vault of the law firm that drafted it. Alternatively, you can take the original to your local Probate Court and pay a small fee to have it held in their safekeeping registry. Do not hide it under a mattress or in a random book.
Step 3: Inform Your Executor Immediately
A perfectly stored will is useless if no one knows it exists. Sit down with your chosen executor and tell them exactly where the original document is located. You should also provide them with a photocopy of the will and the business card of the lawyer who drafted it.
Step 4: Keep a Master Document List
Create a single folder in your home filing cabinet that contains copies of your will, your Powers of Attorney, life insurance policies, and a list of your digital passwords. 📄 Add a clear note on top explaining that the original will is located at a specific law firm or the local courthouse.
Comparing Will Storage Options
Not all storage spaces are created equal. 🔍 The table below compares the most common ways Nova Scotians store their wills, highlighting the pros and cons of each method.
| Storage Location | Pros | Cons |
|---|---|---|
| Law Firm Vault | Highly secure, fireproof, and usually free if they drafted it. | The law firm might merge or relocate over the years. |
| NS Probate Court | Safely held by the government until your death. | Requires a small upfront administrative fee to file. |
| Home Fireproof Safe | Immediate access for you at any time. | Executor needs the physical key or combination code. |
| Bank Deposit Box | Very secure from theft and fire. | Banks may freeze the box upon death, delaying access. |
How Much Does Storage Cost in Nova Scotia?
Securing your will is incredibly affordable and often completely free. Investing a small amount of money now saves your estate thousands of dollars in legal fees later. Here is what you can expect in CAD:
- Law Firm Storage: Most estate lawyers will store your original will in their vault for $0 as a courtesy to their clients.
- Probate Court Safekeeping: Filing your will with the local Nova Scotia Probate Court generally costs a one-time administrative fee of around $30 to $50.
- Home Safe: Purchasing a high-quality, fireproof and waterproof document safe from a hardware store will cost between $50 and $200.
- Safety Deposit Box: Renting a box at a local bank branch typically costs $50 to $150 per year.
How Long Does the Process Take?
Deciding where to store your will and actually placing it there takes less than a day. ⋯ If you use a law firm, they will handle the vault storage immediately at the end of your signing appointment.
When the time comes, retrieving the will is also quite fast. If it is at a law firm, your executor simply needs to call them, present an original Death Certificate, and show valid photo ID to collect the documents, usually within 24 to 48 hours.
Frequently Asked Questions (FAQ)
What happens if the original will is lost?
Under Nova Scotia law, if an original will was last known to be in your possession and cannot be found after your death, the court presumes you intentionally destroyed it. Your executor would have to hire a lawyer and provide strong evidence to prove to a judge that it was lost accidentally in order to use a photocopy.
Can my executor use a photocopy to handle my estate?
Generally, no. Banks, land registry offices, and the Probate Court require the original, wet-ink document. Using a photocopy usually requires a special court order, which adds months of delay and significant legal expenses to the estate.
Why is a bank safety deposit box a bad idea?
When a bank is notified of your death, they often freeze your accounts and safety deposit boxes. If the original will (which names the executor and gives them authority) is locked inside the frozen box, it creates a frustrating “catch-22” where the executor cannot get the document they need to prove they are the executor.
Can I register my will online in Canada?
While there are private, third-party websites that allow you to “register” the location of your will, there is no official government online registry in Nova Scotia. The only official government safekeeping option is depositing the physical paper copy at the Probate Court.
What if my lawyer retires or closes their firm?
Lawyers are strictly regulated by the Nova Scotia Barristers’ Society. If a lawyer retires or passes away, their active files and stored wills must be transferred to another practicing lawyer or to the Society. You should be notified if your documents are moved.
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