From time to time, the Law Society receives a request from a member of the public or a lawyer for assistance in locating a will. While the Law Society does not have a file or will repository, we are able to review our records to assist in tracking down a will.
In the event that we are unable to locate the will, the Law Society has created a public webpage which contains a list of outstanding will requests. Lawyers are encouraged to review this page on a regular basis to assist with tracking down wills.
Please note that listings only remain on the page for 90 days so that the list remains updated and accurate. If you want to submit a lost will inquiry, complete the Lost Wills Inquiry Request form.
Additionally, the Law Society has recently published a new resource regarding the ethical considerations for lawyers when receiving requests for wills.
When a lawyer receives a request to provide a will to someone other than the testator, the lawyer’s duty of confidentiality to the testator should guide how to respond and what information can be disclosed. Generally, unless the nature of the matter requires such disclosure, a lawyer should not disclose having been retained by a person (Rule 3.3-1 of the Code of Conduct). This duty continues indefinitely, including following a client’s death.