The risk most people don’t see coming
Many people assume that once a will is signed, their wishes are locked in. In Ontario, that assumption can cost families time, money, and peace of mind. Small mistakes, outdated documents, or informal changes can quietly undo what you thought was settled. This article explains how estates are commonly lost or overturned—and what you can do now to reduce that risk.
What “losing your estate” actually means
Losing your estate does not mean it disappears. It means your wishes are no longer followed. Assets may be distributed under Ontario’s intestacy rules, challenged in court, delayed by technical errors, or reduced by taxes and administrative costs. That outcome often creates stress for the people you intended to protect.
A will only works if it survives legal scrutiny.
Why this matters in Ontario
Ontario has specific rules around capacity, execution, revocation, and interpretation of wills. Courts apply those rules strictly. Even honest intentions can fail if the legal framework is not respected.
How wills commonly fail: a practical framework
Below is a simple three-part way to understand where problems usually arise.
1) The will is invalid
A will can be set aside if it does not meet formal requirements under Ontario law. Common causes include:
Missing or improper witnessing
A will signed under pressure or confusion
Capacity concerns at the time of signing
A handwritten note or template downloaded online may feel sufficient, but those documents often invite challenges.
Informal planning creates formal disputes.
2) The will is outdated
Life changes faster than most estate plans. Marriage, divorce, new children, blended families, or major asset changes can all affect how a will is interpreted. In Ontario, marriage can revoke a prior will unless it was made in contemplation of that marriage.
If your will does not reflect your current situation, the court may have to guess your intent.
3) The will creates conflict
Even a technically valid will can fail in practice if it is unclear or uneven. Ambiguous wording, unexplained exclusions, or unrealistic executor instructions often lead to disputes that drain the estate.
Clarity reduces conflict long before emotions run high.
Common mistakes—and how they are fixed
Here are issues estate lawyers see repeatedly, along with the practical fix for each.
Naming the wrong executor
Fix: Choose someone capable, willing, and informed—or use professional guidance to structure the role properly.
Relying on joint ownership without advice
Fix: Review how assets pass on death and confirm that ownership aligns with your intentions.
Ignoring powers of attorney
Fix: Pair your will with properly drafted powers of attorney for property and personal care.
Trying to “patch” a will later
Fix: Avoid handwritten changes or side letters. Update the will formally.
Assuming equal division prevents disputes
Fix: Explain decisions clearly within the document where appropriate.
Why working with a lawyer changes the outcome
A lawyer does more than draft a document. They apply Ontario law to your actual circumstances, test your instructions for risk, and document the process in a way that stands up later. A qualified wills and estates lawyer also helps ensure your plan works alongside tax considerations, beneficiary designations, and future incapacity planning.
Local knowledge matters as well. A wills and estates lawyer in Burlington understands how regional practices, property structures, and court expectations affect administration and probate in this area.
Prevention costs less than repair.
A checklist you can use today
Before assuming your estate plan is “done,” ask yourself:
Has my will been reviewed within the last five years?
Does it reflect my current family and assets?
Are my executors and beneficiaries still appropriate?
Are my powers of attorney in place and usable?
Would my instructions make sense to someone reading them for the first time?
If any answer is uncertain, that uncertainty becomes someone else’s problem later.
Taking the next step
Estate planning is not about documents alone. It is about making sure your intentions are carried out without unnecessary friction. A short review now can prevent years of difficulty for your family.
For more information: attorney for wills and estates