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Wills & Estates

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

TSL Written by the Treadstone Law team· Updated June 2026

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 revokes a prior will in Ontario. 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 was drafted before 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 people make a will once and then treat it as permanent — when in reality, most estates benefit from a review every few years or after any major life event.

Key takeaways

  • Improper execution — wrong witnesses, beneficiary as witness — can void the will
  • Marriage revokes a prior will; divorce does not, but voids spousal gifts
  • Ambiguous language and mismatched beneficiary designations cause costly disputes
  • Review your will every few years and after any major life event
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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