Creating a will is one of the most important steps you can take to protect your family, preserve your assets, and ensure your wishes are honoured after your death. Yet many Ontarians put this task off, assume their estate is “simple,” or believe that informal documents will be sufficient. In reality, drafting a will requires careful thought, precise legal language, and an understanding of how Ontario’s estate laws apply to your personal situation.
Whether you live in Orléans, Rockland, Cumberland, Ottawa, or in Timmins, Cochrane, Kirkland Lake, or elsewhere in Northern Ontario, failing to prepare a properly drafted will can lead to confusion, family disputes, delays, and significant court involvement. A will that is unclear or incomplete can be just as problematic as having no will at all.
This detailed guide explores the most common mistakes people make when drafting a will in Ontario — and how proper planning helps ensure that your estate is handled exactly as you intend.
1. Not Having a Will at All
The most significant mistake is simply not creating a will. Many people assume they have plenty of time to prepare one or believe their family will “know what to do.” Others think their estate is too small to warrant formal planning.
But without a will:
- You do not control how your assets are distributed.
- Ontario’s Succession Law Reform Act determines who inherits — not you.
- Common-law partners may receive nothing.
- Minor children may need a court-appointed guardian.
- Someone must apply to be estate trustee, causing delay and stress.
Even a modest estate benefits from the clarity a properly drafted will provides. Having a will makes the administration process smoother, faster, and far less costly for your loved ones.
2. Using Online Templates or Handwritten Wills
A handwritten or template-based will might seem convenient, but these documents often lead to major issues. Without legal guidance, people frequently:
- Use vague or conflicting language
- Forget to include key assets
- Fail to sign or witness the document properly
- Combine digital and printed formats incorrectly
- Include unintended beneficiaries
- Miss out on tax-efficient planning opportunities
Ontario has strict legal requirements for how wills must be executed. If the document does not meet those requirements, the court may rule it invalid — resulting in an estate distributed according to default legislation instead of your wishes.
3. Naming the Wrong Executor (Estate Trustee)
Choosing an executor (estate trustee) is one of the most important decisions you will make. Many people name a spouse or child automatically, but the role demands time, attention to detail, and the ability to manage financial and legal obligations.
Common mistakes include choosing someone who:
- Lives far away
- Has significant personal or financial difficulties
- Is in poor health
- Does not get along with other beneficiaries
- Lacks organizational skills
- Is unwilling or unable to perform the role
Your executor must:
- Locate and safeguard assets
- Pay debts, taxes, and final expenses
- Manage complex financial records
- Distribute the estate according to the will
- Potentially apply for probate (Certificate of Appointment)
Choosing an executor solely out of emotion or habit often creates challenges. Choosing someone based on competence, stability, and trustworthiness is far more important.
4. Failing to Update the Will After Major Life Changes
A will is not a “one-time” document. Life changes frequently require updates. Many people forget to revise their will when:
- They marry or enter a new relationship
- They separate or divorce
- A beneficiary dies
- They have children or grandchildren
- They purchase property
- They move to a new region of Ontario
- They start or sell a business
- Their financial circumstances change significantly
An outdated will can cause confusion, unintentionally exclude new family members, or leave assets unaccounted for. Reviewing your will every few years — or after major milestones — ensures it reflects your current intentions.
5. Not Being Specific Enough About Asset Distribution
Vague instructions in a will lead to disputes. Simply stating, “divide my assets equally,” without identifying:
- Which assets are included
- How complex assets should be managed
- Who receives sentimental items
- How to handle predeceased beneficiaries
— leaves room for interpretation.
Additionally, many people forget to include:
- Secondary beneficiaries
- Digital assets (photographs, accounts, cryptocurrency)
- Business interests
- Intellectual property
- Future assets acquired after drafting the will
The more detailed and clear your instructions, the less likely conflicts will arise.
6. Overlooking the Matrimonial Home
In Ontario, the matrimonial home has special legal protection. Even if you attempt to leave the home to someone else, surviving spouses have rights under the Family Law Act that may override your instructions.
Mistakes include:
- Assuming you can give the home solely to your children
- Forgetting that ownership structure affects distribution
- Not accounting for blended families
- Misunderstanding spousal election rights
A will must be drafted with careful consideration of marital rights to avoid results that contradict your intentions or breach Ontario law.
7. Not Planning for Minor Children or Dependents
If you have minor children, failing to include instructions for their care is a critical mistake. Your will should:
- Appoint a guardian
- Provide financial direction for their upbringing
- Establish a trust if appropriate
- Ensure they receive assets responsibly
Without instructions, the court will appoint someone to manage their inheritance — which may not be the person you would choose.
Additionally, Ontario law requires you to consider anyone who may qualify as a dependent, including:
- Minor children
- Adult children with disabilities
- Spouses or former spouses receiving support
- Sometimes other financially dependent relatives
A will that does not sufficiently provide for dependents can be challenged.
8. Not Considering Tax Implications
While Ontario does not impose an estate tax, certain assets trigger taxes on death, including:
- RRSPs and RRIFs
- Capital gains on real estate (other than principal residence)
- Investments
- Business property
Ignoring these tax consequences can significantly reduce the estate value. Proper planning allows you to:
- Minimize the tax burden
- Maximize the inheritance for beneficiaries
- Structure your estate more efficiently
Tax and legal considerations must work together for an effective will.
9. Improper Witnessing or Execution of the Will
One of the most common reasons a will is rejected during probate is improper execution. Ontario requires:
- The will to be signed in the presence of two witnesses
- Both witnesses to sign in the presence of each other and the testator
- Witnesses cannot be beneficiaries or spouses of beneficiaries
Mistakes such as forgetting to initial pages, signing in separate rooms, or involving interested parties can invalidate the will.
Even technologically assisted signing methods have unique rules, and failing to follow these precisely can result in legal challenges.
10. Forgetting About Digital Assets
In modern estates, digital property often holds significant value. This includes:
- Online financial accounts
- Social media
- Photographs and personal files
- Subscription services
- Email accounts
- Cryptocurrencies
- Business-related digital platforms
Many Ontarians forget to provide access instructions or designate who should control these accounts. Without clear authorization, executors may struggle to access or protect digital property.
11. Not Coordinating Beneficiary Designations With the Will
Certain assets pass outside of the will, such as:
- Life insurance policies
- Pension plans
- RRSPs and RRIFs
- TFSAs (when a successor holder is named)
If the designations on these accounts conflict with the instructions in your will, it can lead to disputes, confusion, or unintended beneficiaries.
Consistency between beneficiary designations and your estate plan is essential.
12. Attempting to Disinherit Family Members Improperly
Ontario law provides certain protections for:
- Spouses
- Minor children
- Dependents
An attempt to disinherit someone who is legally entitled to support can result in court challenges, delays, and possible invalidation of parts of the will.
If your wishes differ from Ontario’s default rules, they must be structured carefully and lawfully.
13. Not Discussing the Will With Loved Ones or the Executor
Surprises after death often cause conflict. While you do not have to disclose details, explaining your intentions:
- Reduces misunderstandings
- Helps your executor prepare
- Clarifies sentimental distributions
- Guides beneficiaries on what to expect
Open communication can significantly reduce the emotional burden on family during an already difficult time.
14. Leaving the Will in an Inaccessible Location
A well-drafted will is useless if nobody can find it. Common mistakes include:
- Storing it in a locked drawer without telling anyone
- Leaving it in a bank safety deposit box that requires court access
- Keeping only a digital copy
- Hiding it in a place that no one discovers
Your executor must know exactly where the original will is stored. Without it, probate will be delayed, and the court may require additional proof of your intentions.
15. Assuming Estate Planning Is Only for the Wealthy
Every adult in Ontario — regardless of income, assets, or family size — benefits from having a will. Estate planning is not about wealth; it’s about:
- Clarity
- Protection
- Stability
- Respect for your wishes
Homes, vehicles, savings accounts, personal belongings, pets, and sentimental items all require direction. Without a will, loved ones may be forced to make difficult decisions without guidance.
Final Thoughts
Drafting a will is an essential part of responsible planning, yet many Ontarians unintentionally create complications by using generalized templates, overlooking key assets, forgetting to update documents, or failing to consider legal obligations. A well-prepared will provides peace of mind, protects your family, and ensures your estate is handled exactly as you intend.
Taking time to create a clear and legally sound will is one of the most meaningful gifts you can leave behind. It safeguards your wishes, reduces stress for your loved ones, and prevents unnecessary disputes or court involvement.
Disclaimer
RGLaw and the Barristers, Solicitors, Notaries, and other staff thereof make no representation or warranty of any kind regarding the information on this website, which is provided on an “AS IS” and “AS AVAILABLE” basis. None of the information provided constitutes, nor should it be treated by readers as, legal advice and it may not be relied upon as such. For guidance specific to your situation, please consult a qualified professional or contact us at info@rglaw.ca.
