How do I validate a will that’s in a foreign safe deposit box?

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By Julie Cazzin and Ed Olkovich

Q: My father, aged 74, just passed away. He always kept his will in a safe deposit box in Tokyo, and my mother, brother and I never thought much about it. We now need to retrieve the will. Does my mother, who is 77, the executor of the will and chronically ill herself, have to go to Tokyo in person to physically get the will? Or is there some way of retrieving the will without her travelling there? Can I go for her instead? We also know my father made several specific monetary gifts to poorer relatives in Japan and they will all be laid out in the will. We want to honour his wishes. And what are the best options for where I should keep my own will so this doesn’t happen to my own children? — Ronald

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FP Answers: My condolences, Ronald. I am sorry to hear that your father has passed away. If your father always kept his will in Tokyo, I assume he lived in Japan and was not visiting you here in Canada. I cannot advise on Japanese estate law as I am only licensed as an Ontario lawyer.

Your mother can contact her own lawyer for advice. Several questions will have to be answered. Who can confirm your mother is the executor in charge of your father’s estate? Is there an alternate executor? With your father’s death certificates, the deposit box holder may allow access to confirm your father’s original will is in the box. Access may be based on local customs and banking rules, not estate laws. Consider an appeal to the box-holder’s ombudsperson to obtain access.

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If your mother is not a joint owner of the deposit box, she may require a court order to access it. You may need a Japanese power of attorney to act for your mother unless she renounces as executor.

The box could hold valuable personal property and confidential material. Papers such as a marriage contract or divorce documents are needed. Regardless, your mother should ensure that her own will is current and that her executor can locate her original.

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Regarding the storage of your own will, there are many options. Each has its pros and cons. In Ontario, wills must be in writing and signed. Storing wills online may not guarantee access to produce the original will.

In the past, wills were often stored with the law firms that prepared them. A trust company or professional executor can also hold originals. Deposit boxes can be rented from financial institutions. Originals can be stored at home or with third parties, such as your executor. All storage options carry some risks. Please discuss your options with your own lawyer.

Deposit boxes are disappearing since some people are reluctant to pay the annual fees. If a bank box is used, joint ownership with a spouse or executor may allow them access to remove the original will. And, remember, storing a will online is not the same as possessing the original will.

Let your estate trustee know where your original will is stored and how to obtain it. You could entrust your original will to your attorney for property. This may be sensible if you trust them to treat the original like gold.

This information is not a substitute for legal advice. Edward Olkovich is an Ontario lawyer at https://mrwills.com. He is also certified by the Law Society of Ontario as a specialist in estates and trusts law.

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