You may still be able to probate it. BC courts can accept a copy of a will if you can prove: (1) the original existed and was valid, (2) the copy is accurate, and (3) the will wasn't intentionally revoked. This requires additional evidence and often legal help.
Where to search for the original
- The deceased's home (filing cabinets, safes, desk drawers)
- Safety deposit box
- The lawyer who drafted it
- Any notary who might have witnessed it
- The BC Wills Registry (it notes where wills are stored)
- With family members who might be holding it
If you only have a copy
You'll need to apply for probate using Form P4 (long form) and include:
- The best copy available
- Evidence the copy is accurate (e.g., the lawyer who drafted it confirms it matches)
- Evidence the original wasn't revoked (affidavits from people who knew the deceased)
- An explanation of why the original can't be found
This is complex
Probating a copy is harder than probating an original. The court may refuse if there's any doubt. Consider getting legal advice for this situation.
If no will exists at all
If there truly is no will (not just a missing original), the estate is distributed under intestacy rules. See our guide: Probate Without a Will
Return to the Complete BC Probate Guide →
Frequently asked questions
Does a photocopy count as a copy?
Yes. Any reproduction – photocopy, scan, photograph – can potentially be used if you can prove it's a true copy of the original that was never revoked.
What if the deceased destroyed the will intentionally?
If the deceased intentionally destroyed their will, they're considered to have revoked it. The estate would then be distributed under intestacy rules. Proving intent can be complicated.