According to a survey by the Canadian Heritage Foundation, 62% of Ontario residents do not have a will, and among those who have a will, more than 40% of the wills are partially or completely invalid due to flaws in details, which eventually leads to family disputes or asset shrinkage. The JZW Law team has handled many cases: an entrepreneur omitted the date of signing the will, resulting in a mystery of the ownership of tens of millions of properties; a retired teacher’s will was deemed invalid by the court because the identity of the witness was not in compliance. This article will reveal five easily overlooked will details to help you protect your wealth inheritance.

I. Formal flaws: Handwritten wills may not be “all-powerful”

Strict legal requirements on the form of a will
The Succession Act of each province in Canada clearly stipulates that a handwritten will must meet the following requirements:
  • Full text handwritten and dated
  • Signature of the testator (signature on each page is preferred)
  • Two disinterested witnesses signed simultaneously
Lawyer advice:
  • Prefer a printed will, drafted and filed by a lawyer
  • Avoid choosing heirs, spouses, or close relatives of beneficiaries of a will as witnesses

II. Beneficiary designation: “ambiguous statement” equals “undesignated”

Legal risks of common ambiguous expressions
  • “All my property is left to my children”: It is unclear whether “children” include stepchildren and adopted children, which may lead to inheritance disputes
  • “Leave it to the eldest grandson”: If the eldest grandson is underage, a guardian or trust institution must be designated, otherwise the assets may be managed by the parents.
  • “Leave to Friend A”: No ID number or unique identification information is specified. If someone with the same name exists, it may not be executed.
Lawyer advice:
  • List the beneficiary’s full name, ID number, and relationship with the testator
  • Appoint an administrator or set up a trust for a minor beneficiary

III. Asset omission: “Hidden assets” may not belong to the heirs

Three types of assets that are easily overlooked
  • Assets in a joint account: If it is stated that “the assets belong to the other party after the death of one party”, they may belong directly to the surviving party and will not be included in the estate.
  • Insurance and retirement funds: If no beneficiary is designated or the beneficiary dies before the testator, the will may be treated as an estate and incur tax liabilities.
  • Overseas assets: Canadian wills may not automatically take effect in other jurisdictions and require additional local legal certification.
Data warning: Data from the Canada Revenue Agency shows that the average increase in estate tax due to failure to designate an insurance beneficiary is 230,000 Canadian dollars per case.
Lawyer advice:
  • Create an asset list, specifying the holding form and beneficiary of each asset
  • Consult a cross-border estate planning lawyer for overseas properties and offshore accounts

IV. Debt Settlement: The Estate May Pay Out Money

Legal consequences of a will not mentioning debts
According to the Ontario Estate Administration Act, the estate must first repay debts (including mortgages, credit card debts, tax liabilities, etc.). If the will only distributes assets without mentioning debts, the heirs may have to pay out of their own pockets to repay them, or even give up their inheritance rights.
Lawyer advice:
  • Specify debt repayment priorities and responsible parties in your will
  • Set aside some liquid assets as a “debt buffer fund”

V. Will Update: “Fatal Silence” after Life Changes

Five scenarios when you need to update your will immediately
  • Divorce or remarriage (the original spouse may still inherit unless specifically excluded by the will)
  • Birth of a child / Adoption of a child
  • Significant changes in asset structure (such as company listing, purchase of overseas real estate)
  • Death of a beneficiary or witness
  • Deterioration of health (requires a “lasting power of attorney” or “medical directive”)
Lawyer advice:
  • Have a lawyer review your will every 3-5 years or after a major life change
  • Use a codicil to add amendments and avoid redrafting the entire will

How can professional lawyers help you avoid risks?

  1. Compliance review: ensuring the will complies with the Inheritance Act and provincial regulations
  2. Tax optimization: reduce inheritance tax through tools such as trusts and life insurance
  3. Cross-border planning: Develop dual certification solutions for jurisdictions such as the United States and China
  4. Dispute prevention: It is recommended that the beneficiary communicate in advance and add a “no dispute clause” if necessary.

Conclusion: A will is a “legal letter to the future”

A rigorous will is not only an asset distribution plan, but also a “firewall” to avoid family breakdown. The JZW Law team provides free preliminary will review services to help you identify potential risks. Remember: the cost of ignoring details may far exceed the attorney’s fee itself.

JZW Law has an experienced probate team. We are bilingual in both Chinese and English and provide professional legal services. We specialize in handling complex property division, corporate equity, trusts, overseas assets and other related issues. We provide free initial consultation services, please contact us for more information or to schedule a consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need legal help, please consult a professional lawyer.