What are the most common mistakes people make when preparing a will in Ontario?

Several recurring mistakes cause wills to fail or produce unintended results in Ontario. The most common is improper execution — wrong number of witnesses, witnesses not present simultaneously, or a beneficiary acting as witness. Any of these can void gifts or the entire will.

The second is failing to update the will after major life events. Marriage no longer revokes a prior will in Ontario (that rule was repealed in 2022), so an outdated will can quietly stay valid without ever providing for a new spouse. Divorce does not revoke the will but generally voids provisions in favour of the former spouse. A new child may not be automatically provided for if the will predates their birth. Failing to name alternate beneficiaries or trustees means a court decides when your first choices predecease you.

Ambiguous language is another common problem — gifts that describe property unclearly, percentages that don't add up to 100, or provisions that conflict with one another. These force court interpretation, which takes time and costs money.

People also frequently overlook the disconnect between their will and their beneficiary designations, or forget to name a guardian for minor children. Finally, many treat a will as a one-time task — when most estates benefit from a review every few years or after any major life event.