Your New Will – What Can Go Wrong?
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Making a new will is one of the most responsible things you can do for your family. It’s meant to bring clarity, certainty, and peace of mind. Unfortunately, I regularly see situations where a new will creates confusion, delay, or even litigation instead of preventing it.
Most of the problems aren’t the result of bad intentions. They arise because people don’t realize how easy it is for a will to go wrong if certain issues are overlooked.
Below are some of the most common ways a new will can fail to achieve what you intended.
1. The Will Isn’t Properly Executed
One of the most basic – and most serious – problems is improper signing.
In Ontario, a will must meet strict formal requirements. If those requirements aren’t met, the will may be completely invalid. I have seen wills challenged because:
- The witnesses signed incorrectly or in the wrong order
- A beneficiary (or the spouse of a beneficiary) acted as a witness
- Pages were swapped, missing, or altered after signing
If a will is found to be invalid, the estate may be distributed under a prior will – or under the intestacy rules if no valid will exists at all – regardless of what the testator thought they had done.
2. The Will Doesn’t Work With Beneficiary Designations
Many people don’t realize that certain assets do not flow through a will.
Registered accounts (such as RRSPs, RRIFs, and TFSAs), life insurance policies, and some pensions often pass directly to named beneficiaries. If those designations are outdated or conflict with the will, the result can be:
- Unequal distributions that were never intended
- Assets bypassing the estate entirely
- Claims by disappointed beneficiaries
A new will should always be reviewed alongside beneficiary designations to make sure everything lines up.
3. The Will Fails to Address Blended Families
Second marriages and blended families are one of the most common sources of estate disputes.
A new will that leaves everything to a spouse may unintentionally disinherit children from a prior relationship. On the other hand, a will that focuses on children may leave a surviving spouse financially vulnerable.
Without careful planning, this can lead to:
- Dependant support claims
- Will challenges
- Costly litigation that erodes the estate
Blended family situations almost always benefit from customized estate planning rather than a simple or template-based will.
4. The Executor Choice Creates Conflict
Choosing an executor seems straightforward, but it can cause serious problems if not carefully considered.
Issues commonly arise when:
- One child is appointed executor over others without explanation
- Co-executors are named who do not get along
- The executor lives far away or lacks the time or capacity to act
An executor with divided loyalties or ongoing family conflict can slow the administration of the estate and increase legal costs significantly.
5. The Will Assumes Everyone Will “Be Reasonable”
Many wills are drafted with the hope that family members will sort things out fairly.
Unfortunately, grief, money, and long-standing family tensions are a powerful combination. Vague language such as “divide equally,” “as agreed,” or informal side promises can open the door to disputes.
Clear, specific instructions usually reduce conflict far more effectively than good intentions.
6. The Will Is Not Updated After Major Life Changes
A new will can quickly become an old will.
Common life events that should trigger a review include:
- Marriage or separation
- Divorce
- The birth or adoption of children or grandchildren
- The death of a beneficiary or executor
- Significant changes in assets or business interests
Relying on a will that no longer reflects your current circumstances is one of the fastest ways for things to go wrong.
7. DIY and Online Wills Miss Critical Risks
Online will kits and do-it-yourself solutions can appear convenient and inexpensive. However, they often fail to address:
- Tax consequences
- Estate administration realities
- Complex family dynamics
- Potential claims against the estate
The cost savings can quickly disappear if the will is challenged or requires court intervention to interpret.
Final Thoughts
A new will should create certainty – not problems. Most of the issues above are avoidable with proper planning and professional advice.
If you already have a will, or you’re considering making one, a review can often uncover risks before they become costly disputes. Estate planning isn’t just about documents; it’s about making sure your intentions are carried out as smoothly as possible when your family needs clarity the most.
If you have questions about your will or your estate plan, getting advice early can save your estate – and your loved ones – a great deal of stress later on.
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