Can You Probate A Photocopy Of A Will In Ontario?
April 23, 2026
BY: IAN ANDREW LAW
Yes, sometimes. But not in the casual way many people mean when they ask the question.
In Ontario, a photocopy of a will may be admitted for probate or used to ground a certificate application only if the court is satisfied that the copy accurately reflects a valid will and that the missing original does not defeat the application.
Key Takeaways
• A photocopy of a will can sometimes be proved in Ontario.
• The copy is not a substitute for proof.
• The court will still want evidence of execution, contents, and why the original is missing.
• The presumption of revocation may have to be addressed.
• These cases usually require judicial involvement rather than purely routine probate processing.
Why The Short Answer Is Yes
Ontario law does not treat every missing original as fatal. If the evidence is sufficient, the court may admit a copy to probate or otherwise order that the copy be treated as the effective testamentary document.
That is the legal possibility. It is not the same as routine certainty.
Why The Real Answer Is More Complicated
The copy has to be proved. The applicant must usually establish what the original said, that it was validly executed, and that the fact the original is missing does not mean it was intentionally revoked. That is why the evidentiary record matters so much.
A photocopy helps. It does not do the work by itself.
What This Means In Practice
If the only document available is a photocopy, counsel should assume the file needs to be built carefully from the start. The focus should be on execution evidence, search evidence, storage evidence, surrounding intention, and whether a Rule 75 process is needed.
In Ontario, a photocopy can sometimes be enough. It is enough only when the evidence around it is strong enough to persuade the court.
Sources
• Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rr. 75.02 and 75.06.
• Sorkos v. Cowderoy, 2006 CanLII 31722 (ON CA), 215 O.A.C. 194.
• BMO Trust Company v. Cosgrove, 2021 ONSC 5681.
This article is for general information purposes only and does not constitute legal advice. Reading this article does not create a solicitor-client relationship. If you require advice specific to your situation, contact my office.