Writing a will? Avoid these 5 common mistakes that could lead to family disputes or delays settling your estate in Ontario.
Creating a will is one of the most important steps you can take to protect your family, your assets, and your wishes. But many people in Ontario either don’t have one—or they’ve written a will that’s outdated, unclear, or legally problematic.
At Boardwalk Law, we often help clients fix issues caused by well-meaning but flawed estate plans. Whether you’re writing a will for the first time or reviewing one that’s years old, understanding these common mistakes can help you avoid confusion, delays, or disputes later on.
Here are the top 5 mistakes people make when writing a will—plus how to avoid them.
1. Thinking a DIY Will Is “Good Enough”
There are many DIY will kits and online templates available, and while they might seem convenient, they often leave out important legal details or use vague language that causes problems down the road.
Real example: A client once used an online template that didn’t include a “residue clause”—the section of the will that distributes anything not specifically mentioned. As a result, the remainder of their estate had to go through probate as if no will existed for that portion.
Why it matters:
- Ontario courts require clear, legally valid language
- A small error (like a missing witness signature) can invalidate the whole document
- Homemade wills often don’t cover what happens if your first choice of executor can’t act
Better approach: Work with a lawyer to create a customized will that follows Ontario law and reflects your specific needs.
2. Not Updating the Will After Major Life Changes
Writing a will isn’t a “one-and-done” task. Your personal and financial life can change—and your will should change with it.
Real example: One client hadn’t updated their will after their divorce. Even though they were separated for years, their former spouse was still named as executor and main beneficiary. This created unnecessary legal conflict after their passing.
Common life events that require an update:
- Marriage or divorce
- Birth or adoption of a child
- Death of a beneficiary or executor
- Major asset changes (buying a house, starting a business, inheritance)
Better approach: Review your will every few years, or any time something significant changes in your life.
3. Leaving Out a Backup Plan
Many people name one executor or guardian in their will and stop there. But what if that person can’t—or won’t—act?
Real example: In one case, the named executor moved abroad and didn’t want to take on the role. With no alternate named, the family had to go through a lengthy court process to have someone appointed.
Why this matters:
- If an executor or guardian is unavailable, someone will need to apply through the court
- This can delay probate and add unnecessary stress to your loved ones
Better approach: Always name at least one alternate for your executor, guardian, and other key roles.
4. Being Too Vague or Informal
Unclear instructions in a will can lead to family conflict, especially when emotions are already high.
Real example: A will simply stated, “Divide everything equally between my kids.” But the children disagreed on what “everything” included—especially when it came to sentimental family heirlooms. The lack of detail caused a rift between siblings that could have been avoided.
Tips to avoid vagueness:
- List specific items (jewellery, vehicles, heirlooms) and who should receive them
- Use full legal names and clearly identify relationships
- Avoid ambiguous phrases like “as they see fit” or “whatever’s left” without context
Better approach: Be clear, direct, and specific when outlining your wishes.
5. Not Considering the Full Picture
A will is just one part of your estate plan. People often forget that some assets—like RRSPs, life insurance policies, or joint accounts—don’t pass through a will at all.
Real example: A parent left their estate equally to all three children in their will. But their RRSP had only one child listed as a beneficiary, which caused confusion and hurt feelings when the others found out.
Important considerations:
- Double-check your beneficiary designations (they override your will)
- Think about how your assets are owned (jointly held property may bypass your estate)
- Consider powers of attorney for personal care and property
Better approach: Review all parts of your estate plan together—not just the will—to ensure everything is aligned.
Writing a Will Is About More Than Just Paperwork
It’s about protecting your loved ones, making your wishes clear, and easing the burden on your family during an already difficult time.
At Boardwalk Law, we help individuals and families across Ontario write legally sound, personalized wills that reflect their life, values, and priorities. Whether you’re starting from scratch or reviewing an existing will, we’re here to guide you through the process with care and clarity.
Need help writing a will or reviewing an old one?
Please contact Samantha Machado, Associate Lawyer at [email protected] / 905-798-5770 to book a consultation today.
