In PEI, keeping your original Last Will and Testament safe is critical because the Supreme Court generally requires the original document for probate. Most residents store it in a fireproof safe at home, a safety deposit box, or securely in a law firm’s vault, and always inform their executor of the exact location.
Drafting your Last Will and Testament is a major milestone, but your responsibilities do not end once the ink is dry. Deciding where to store this crucial document is just as important as writing it. When you pass away, your executor will need the physical, original document to manage your estate. If the original Will is lost, destroyed, or hidden where no one can find it, the province may treat your estate as if you died without a Will (intestate).
Whether you live in Charlottetown, Summerside, or a rural community, the legal rules remain the same. 📍 The Supreme Court of Prince Edward Island heavily favours the original document to prevent fraud. This guide will help you understand your storage options and ensure your final wishes are protected and easily accessible when the time comes.
Step-by-Step Process in Prince Edward Island
Choosing the right storage spot requires balancing maximum security with accessibility for the person you trust most. Here are the standard steps most Islanders take to secure their estate planning documents.
Step 1: Evaluate Your Storage Options
You generally have three reliable choices for storing your original Will. You can keep it at home in a high-quality fireproof and waterproof safe. Alternatively, you can rent a safety deposit box at your local bank or credit union. Finally, many people choose to leave the original in the secure vault of the law firm that drafted the document.
Step 2: Inform Your Executor
A secure Will is useless if no one knows where it is. 📞 You must explicitly tell your chosen executor exactly where the original document is stored. If it is in a home safe, provide them with the combination or a spare key. If it is at a bank, ensure your executor knows which branch and what steps the bank requires for access after death.
Step 3: Register the Location
While PEI does not have a mandatory provincial Will registry, it is highly recommended to leave a written record. Write down the location of your Will, Power of Attorney, and other vital documents, and give copies of this “location map” to your executor and alternate executor.
Step 4: Keep a Copy for Review
Never take your original Will out of storage just to read it, as it risks getting lost or accidentally damaged. Instead, keep a clearly marked photocopy of the Will in a regular filing cabinet at home. Use this copy if you ever need to review your estate plan to decide if changes are necessary.
How Much Does it Cost in Prince Edward Island?
Securing your Will does not have to be expensive, but there are some potential costs depending on the method you choose.
- Law Firm Vault: Most law firms in PEI will store your original Will for free if they were the ones who drafted it for you.
- Safety Deposit Box: Renting a box at a Canadian bank typically costs between $50 and $150 CAD per year, depending on the size.
- Home Safe: Purchasing a reliable, fireproof, and waterproof document safe usually costs a one-time fee of $100 to $300 CAD.
| Storage Option | Estimated Cost (CAD) | Accessibility for Executor |
|---|---|---|
| Law Firm Vault | Usually Free | High (During business hours) |
| Bank Safety Deposit Box | $50 – $150 / year | Medium (Requires death certificate) |
| Fireproof Home Safe | $100 – $300 upfront | High (If given the code/key) |
How Long Does the Process Take?
Securing your Will is an immediate process. ⏳ Once the document is signed and properly witnessed, you should store it securely on the exact same day. If you are placing it in a bank or with a lawyer, it takes only the time needed to travel to their office and sign the deposit receipt.
Frequently Asked Questions (FAQ)
Can the Supreme Court probate a photocopy of my Will?
Generally, no. The court presumes that if an original Will cannot be found, the testator intentionally destroyed it. While you can apply to probate a copy, it requires a complex legal process and a judge’s approval, which is expensive and not guaranteed.
What if the law firm that holds my Will closes down?
When a lawyer retires or a firm closes, the Law Society of Prince Edward Island oversees the transfer of active files and original Wills to another practicing lawyer. You or your executor can contact the Law Society to track down the document.
Can I just store my Will digitally?
No. Under current PEI law, a Last Will and Testament must be a physical, paper document with original “wet ink” signatures from you and your witnesses. Digital or scanned copies are not legally binding substitutes for the original.
Can my executor open my safety deposit box after I die?
Yes, but they will need proof. The bank will typically require the executor to present your original death certificate and a copy of the Will naming them as executor before allowing them to access the safety deposit box to retrieve the original Will.
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