5 Common Mistakes People Make When Writing Their Will in Ontario

Creating a will is one of the most important steps you can take to ensure your loved ones are protected and your wishes are clearly expressed after your passing. Unfortunately, many Ontarians make preventable errors that can lead to confusion, family disputes, or even invalidation of their will. Here are five common mistakes people make when drafting their will - and how you can avoid them. 

1. Not Meeting Formal Legal Requirements 

In Ontario, there are specific formalities that a will must meet to be considered valid: 

• It must be in writing. 

• You must be at least 18 years old and mentally capable at the time of signing. 

• The document must be signed by you in front of two witnesses who are also present at the same time. 

• Witnesses must not be beneficiaries or spouses of beneficiaries named in the will. 

For example, a common mistake is having a beneficiary act as a witness, inadvertently invalidating their inheritance. 

2. Ambiguous Language and Unclear Wishes 

Your will should clearly outline your intentions without room for interpretation. Ambiguous or unclear wording can result in family disputes or litigation, creating stress and unnecessary expenses for your loved ones. 

For instance, stating "I leave my valuables to my family" can create confusion. Instead, clearly specify each item and the intended beneficiary. Being explicit in your instructions greatly reduces the likelihood of disputes. 

3. Forgetting to Appoint a Suitable Executor 

Selecting an executor who is reliable, organized, and capable of handling your affairs is critical. A common mistake is to appoint someone based solely on their relationship to you without considering their suitability or willingness to take on the responsibility. 

Choose someone you trust who understands the responsibilities involved, such as managing financial affairs, paying debts, and distributing assets. It's also wise to discuss this decision with your chosen executor beforehand. 

4. Failing to Regularly Update Your Will 

Life changes - such as marriage, divorce, the birth of children or grandchildren, or acquiring significant new assets – may require updating your will. Many individuals draft their will and never revisit it, causing it to become outdated and potentially misaligned with their current wishes. 

For example, failing to update your will after divorce could unintentionally leave assets to your former spouse, or exclude stepchildren in blended families. Regularly reviewing and updating your will ensures your current wishes are accurately reflected. 

5. Not Considering Probate and Estate Administration Taxes 

Probate fees (officially known as Estate Administration Tax in Ontario) can significantly impact the value of your estate. A common oversight is failing to consider probate implications when structuring your estate plan. 

Some strategies to minimize probate fees include designating beneficiaries directly on registered plans (RRSPs, RRIFs, TFSAs, life insurance policies), and considering the use of dual wills (primary and secondary wills) to manage probate costs effectively. 

Key Takeaways 

• Your will must meet specific legal formalities to be valid. 

• Use clear, precise language to avoid ambiguity and potential disputes. 

• Carefully select and communicate clearly with your executor. 

• Regularly review and update your will to reflect significant life changes. 

• Plan strategically to minimize probate fees and estate administration costs. 

If you're ready to draft or update your will, seeking professional legal guidance can save your loved ones from stress and uncertainty. 

Still have questions about drafting your will in Ontario? Contact Mariotti Law Group today to book your personalized consultation with our experienced estate lawyers. 

Disclaimer: This article is for informational purposes only and does not constitute legal advice or create a solicitor-client relationship. For personalized advice, please consult Mariotti Law Group directly.