5 Common Will Mistakes Every Ontario Resident Should Know About

The rise of online will kits and DIY estate planning solutions might seem tempting for Ontario residents looking to save money. However, as an experienced estate lawyer serving Belleville and the Quinte region, I’ve seen firsthand how cutting corners on will preparation can lead to costly complications for families later on.
The Concerning State of Will Planning in Ontario
Recent data from the Angus Reid Institute reveals a troubling trend: approximately half of Canadian adults don’t have a will, and another 13% have outdated documents. This oversight becomes particularly critical as we approach Canada’s largest-ever generational wealth transfer, with an estimated $1-trillion moving from baby boomers to their children between now and 2026.
Key Mistakes to Avoid When Creating Your Will
1. Relying on Generic Online Solutions
While $35 will kits are readily available online, they often fail to address Ontario-specific legal requirements. Each province has unique estate laws, and what works in British Columbia or Alberta may not be valid in Ontario.
2. Overlooking Ontario’s Specific Legal Requirements
Ontario’s estate laws have distinct features that differ from other provinces:
- Unlike British Columbia, Ontario doesn’t allow family members to contest a will simply because they feel wrongfully disinherited
- Estate administration taxes (probate fees) in Ontario are calculated as a percentage of the estate value
- Specific witnessing and signing requirements must be met for the will to be valid
3. Poor Executor Selection
When choosing an executor, consider practical factors such as:
- Geographic location (especially important if considering someone outside Ontario)
- Their willingness and ability to serve in the role
- Potential complications if naming an executor from the United States (which may require IRS disclosures)
4. Improper Will Storage
A common mistake we see in Belleville is storing wills in inaccessible locations. For example, keeping your will in a safety deposit box can create a frustrating situation where your executor needs the will to access the box but can’t get to the will because it’s in the box.
The Value of Professional Estate Planning
Professional will preparation is an investment in your family’s future. A properly prepared will ensures:
- Your assets are distributed according to Ontario law
- Your executor has clear, legally-sound instructions
- Your estate minimizes tax implications
- Your children’s guardianship is properly addressed
- Your wishes are legally enforceable
Essential Estate Planning Documents
To help your executor, we recommend creating a comprehensive estate file containing:
- Account numbers and passwords
- List of assets and liabilities
- Contact information for financial advisors
- Insurance policy details
- Digital asset information
Why Choose Professional Legal Guidance?
With Ontario’s estate laws becoming increasingly complex and the largest wealth transfer in Canadian history on the horizon, professional legal guidance is more important than ever. A qualified estate lawyer can help you with the following:
- Navigate Ontario-specific estate laws
- Structure your will to minimize probate fees
- Ensure proper execution of documents
- Address complex family situations
- Plan for tax efficiency
Contact Jeffrey Murray Law for Estate Planning Assistance
Don’t leave your family’s future to chance with a DIY will kit. Our experienced estate planning team in Belleville understands Ontario estate law and can help ensure your wishes are properly documented and legally binding.
Contact us today to schedule a consultation and take the first step in protecting your family’s future.
DISCLAIMER: This website is for general information purposes only. Readers are cautioned to obtain legal advice as early as possible directly from a lawyer regarding the particular circumstances of their own situation. Do not rely on the information you find here as constituting legal advice as it is not possible to provide complete answers to any given question without a retainer that includes a detailed review of your situation.

A Clear Way Forward
Legal services should make your life easier rather than harder. We’re here to empower you; not to bombard you with information you don’t understand.
At Jeffrey Murray Law, we consider ourselves part of the local community and want to get to know our clients as individuals with their own needs and goals first and foremost.
We’ve consistently demonstrated a commitment to meeting our clients where they are today and adapting to those needs. That means explaining each step of the process in plain English so you understand what’s happening, and we even offer virtual consultations to ensure that your schedule won’t hold you back. For Belleville Lawyers, look no further.
Jeffrey Murray