Estate planning is a crucial process that ensures your assets are distributed according to your wishes after your passing. A will is often the cornerstone of an estate plan, but is it enough on its own? Many Ontarians mistakenly believe that having a will alone guarantees their estate will be handled smoothly—but a comprehensive estate plan involves much more.

In this guide, we’ll explore the role of wills in estate planning, common pitfalls, and why a complete estate strategy is essential for protecting your legacy.

Are Wills Part of Estate Planning?

Yes, wills are a fundamental part of estate planning, but they are just one component. A will outlines how your assets should be distributed, names an executor, and may designate guardians for minor children. However, a full estate plan includes additional legal tools like:

• Powers of Attorney (for property & personal care)
• Trusts (for tax efficiency or controlled distributions)
• Beneficiary designations (for insurance & registered accounts)

Without these, your estate may face delays, disputes, or unintended tax consequences.

Source: Government of Ontario – Making a Will

Is There a Difference Between a Will and an Estate Plan?

A will is a legal document that takes effect after death, while an estate plan is a broader strategy that may include:

• Living wills (healthcare directives)
• Tax planning to minimize probate fees
• Business succession plans

Think of a will as a single chapter in the larger book of estate planning.

What Is the Biggest Mistake with Wills?

One of the most common mistakes is failing to update a will after major life changes (marriage, divorce, new children, or asset acquisitions). Under Ontario’s Succession Law Reform Act, marriage automatically revokes a previous will unless made in contemplation of marriage.

Source: Succession Law Reform Act, RSO 1990

What Are the Most Common Forms of Estate Planning?

A well-rounded estate plan in Ontario typically includes:

1. Last Will & Testament – Distributes assets and names guardians.
2. Power of Attorney for Property – Manages finances if incapacitated.
3. Power of Attorney for Personal Care – Makes healthcare decisions.
4. Trusts – Protects assets for minors or beneficiaries with special needs.
5. Beneficiary Designations – Ensures insurance/RRSPs bypass probate.

 

What Are the 3 Main Issues to Consider in Intestate Planning?

If you die without a will (intestate), Ontario’s intestacy laws determine how your estate is divided, which may lead to:

1. Unintended heirs – Spouses and children receive priority, but distant relatives could inherit if none exist.
2. Delays & extra costs – The court appoints an administrator, prolonging the process.
3. No guardianship provisions – Minor children’s care may be decided by the courts.

Source: Estate Administration in Ontario

What Causes a Will to Fail?

A will can be deemed invalid due to:

• Improper execution (not signed/witnessed correctly under Ontario law).
• Lack of testamentary capacity (mental incapacity when signing).
• Undue influence (coercion by a beneficiary).

Challenges to a will can lead to lengthy court battles—highlighting the need for professional legal drafting.

Don’t leave your estate to chance. J. Solomon Law provides estate planning services tailored to Ontario residents. Contact us today for a consultation to secure your legacy.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Please consult a qualified legal professional for advice tailored to your situation.