10 Expensive Will Mistakes That Can Cost Loved Ones …and How to Fix Them

Here are ten expensive will mistakes that can cost your family in 2026. Find out how you can fix them and protect your loved ones and your money. Yes, I wrote the book, Estate to the Heart: How to Plan Wills and Estates for Your Loved Ones.

1. Thinking foolishly that you can avoid making your will to protect your money and loved ones.

Without a will, the government laws determine who is in control of your stuff. This can lead loved ones to hire lawyers for court hearings. Read my previous post, Online Wills vs Lawyer-Prepared Wills: Which Should You Trust? Part 1.

2. Making the wrong kind of will and not expecting a train wreck.

Making a will with only online guidance can give you a false sense of security. You could create more problems for loved ones. Invest in legal advice for your needs, regardless of the size of your estate.

3. Making all your assets joint to try and avoid probate at all costs.

You lose control with joint assets. These jointly owned assets create tax headaches and legal troubles. You need independent legal advice before transferring assets into joint ownership.

4. Forgetting to protect those with special needs in your will.

You can add simple trusts in wills to provide for minors and those with special needs. Find a lawyer to discuss how trusts can protect.

5. Choosing the wrong person to be your estate executor or estate trustee.

Everyone has different needs. Know your options for choosing the right executor to confirm choices with your lawyer. It’s expensive to remove a bad executor.

6. Ignoring legal and moral claims.

Keep your promises and legal or moral obligations to loved ones. This includes married and common law spouses. Otherwise, expect lawsuits after you are gone.

7. Waiting until it’s almost too late to make your will.

Don’t wait until a critical illness prevents you from having legal capacity to make wills or grant powers of attorney. Preparation is key.

8. Using the wrong lawyer to make your estate planning documents to save money.

Hire lawyers with experience handling estates to obtain practical advice and prevent mistakes in your will and estate plan.

9. Not keeping your will current and up to date.

Have you retired or sold you business? Are your beneficiaries still alive and appropriate? Do you need a second private will? Did you buy foreign assets?

10. Can your attorneys and executors find your original documents?

Only the original documents are legal in court. Ensure that people can find them when the time comes.

Do you have questions about making your will? I have helped clients since 1978 plan their estates to protect their loved ones. Contact me.

I can offer you a meeting to discuss your needs by Zoom or in-person in my Toronto west-end office. Arrange your no-obligation meeting today to avoid making any scary estate planning mistakes.

I am a Certified Specialist in Estates and Trusts Law. I can give you expert tips to end your estate worries.