Making a will is crucial to preserving your legacy and protecting your loved ones after you pass away. However, some mistakes people make with their wills can ultimately cause more problems than they solve. A will ensures your assets are distributed according to your wishes after your death, but making mistakes in this process can lead to significant legal complications and unintended consequences for your beneficiaries.

Don’t have multiple versions

Having multiple copies of a will can guarantee accessibility; however having multiple versions of a will is a different story. Multiple versions can create confusion, lead to disputes among heirs, and complicate the probate process. This can result in legal battles that drain the estate's resources and delay the distribution of assets.

To prevent this, always revoke previous wills when you create a new one and clearly state in the latest will that it supersedes all prior versions. Additionally, ensure that your most recent will is easily accessible and that your executor and family members know where to find it.

Although, there are situations where it may be appropriate to have multiple wills. In these cases, you can work with your lawyer to ensure the documents work together rather than conflict with one another or create confusion.

Don’t leave out spouses or dependents

Leaving people out of your will may or may not be intentional, but either way, it can cause problems. In many jurisdictions, including Ontario, there are legal protections in place to ensure that spouses and dependent children receive a fair share of the estate. If a party who might have reasonably expected to benefit from the will is excluded without explanation, they could challenge the will in court. If the court finds merit in these claims, it may decide to set the will aside, leading to the estate being distributed according to intestacy laws or a previous will.

To mitigate this risk, consider including a clear, rational explanation for any exclusions or unequal distributions within the will. Additionally, ensure that the will is created while you are in sound mental health and free from any undue influence, and follow all legal formalities required in your jurisdiction. This approach helps strengthen the validity of your will and reduces the likelihood of successful challenges.

Don’t keep it a secret

Your will is a personal and private matter. However, sharing certain details about your will can help smooth over the administration process. Some things you may want to share with at least one trusted party include:

• The existence and location of your will

• How to access your accounts

• Reasoning to your decisions

Clear communication ensures that your wishes are carried out smoothly and reduces the likelihood of disputes and legal complications during a difficult time for your loved ones. Additionally, they can make decisions on your behalf more easily and confidently.

Don’t forget to take it seriously

A will is a powerful document, and you would be wise to comply with legal guidelines and standards when you create it. Failing to take the process seriously can result in vague or incomplete instructions, improper execution, or the omission of key details, all of which can render the will invalid or open to challenges. It's essential to approach will-making with the gravity it deserves: take the time to thoroughly consider your assets, beneficiaries, and the specific terms of bequests. Engage with legal professionals to ensure the will is properly drafted, witnessed, and executed according to the laws of your jurisdiction.

Avoiding these mistakes can ensure your will provides valuable direction during a tumultuous time.