Legal Question in Wills and Trusts in Canada

If I ask my lawyer for the original copy of my husband's and my wills which he has in safekeeping is he obligated to give them to me?


Asked on 1/21/10, 1:11 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

As noted onthe LawGuru website, this question must be answered with reference to British Columbia law. Generally speaking your lawyer is obligated to give you your will, but you have no right to have your husband's or any copy of it. Only your husband has a right to his will. there could be an exception, and that is if you have agreed irrevocably with your lawyer that he is to keep your will and possibly if you have agreed that your lawyer will be the executor. Some people do so in return for a lower (or no) fee for drawing up the will, and agree that the lawyer is irrevocable the executor and irrevocably the custodian of it. In such a case, which is rare, you may still have a right to have the will delivered to you, but this is a complex area and you ahve not given enough facts to even hazard a guess. Please see a lawyer for specific advice.

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Answered on 1/21/10, 10:07 pm


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