Unlocking The Secrets to Clear and Understandable Ontario Wills

A recent article in the Globe and Mail by famous author, Tim Cestnick, outlined 3 reasons wills can create problems.

Tim explained why many wills are commonly challenged. Wills are legal documents that judges must validate – meaning that wills must comply with Ontario laws.

In Ontario, you must comply with the legal requirements for wills. You must be able to prove you had capacity to make a will. Capacity is defined as testamentary capacity. If you use a lawyer, this is their job in court. Otherwise, who comes to court on your behalf? Is it your online chat bot?

Ontario wills must be printed. They do not need to be notarized, and you must sign wills in the presence of two valid witnesses.

Witnesses must sign a sworn statement (an affidavit) to confirm they witnessed your signature in wet ink at the end of the will. In Ontario, you cannot sign a will digitally. Holographic wills are 100% in your own handwriting and do not need witnesses. However, these wills create other expenses.

If Making a Will Is Easy, Why Haven’t You Done It?

The answer is obvious. You need help to protect yourself, your money and your loved ones. You do not want to make mistakes.

Do not assume copying an online will or using AI to make your will means it will meet legal requirements. Do not think that you can copy someone else’s will to get by.

Every estate plan is unique and copying a will you find somewhere or that ChatGPT generates cannot deal with your particular circumstances. Wills are personal. What may be good for your relative, may not be good for you.

Read my free guide, How to Avoid the Worst Financial Blunder You Can Make When Preparing Your Will.

Let me tell a story about someone who copied their sister’s 25-page will hoping to save some money. After all, the sister was a lawyer.

A couple said they did not really understand the will, and proudly offered to let me read it. It was a good, but a complicated will to deal with a business partnership agreement and numerous properties owned by the couple.

The only problem was that the original will was copied. It left everything to the original will-maker’s brother-in-law. In copying the will, the copier forgot to change this reference to name their own spouse as beneficiary in their own will.

I pointed out that the will was complex and hard to understand, even for a lawyer. I do not know how they understood the sister’s will. However, it was clear the person copying the will made a mistake. She left all her estate to her relative’s spouse. Luckily, we caught this. It was not too late to correct this mistake.

Please invest in a professionally prepared will to protect loved ones you leave behind.

Do you need help making your will? Want to start but are confused about what’s involved? I can help you. Contact me for a meeting.

I am a Certified Specialist in Estates and Trusts Law.