Most Wills Fail. Here's Why
Why most wills fail in Canada – not due to drafting, but because they become outdated, clash with laws, and fail to reflect real family and asset changes over time and across jurisdictions
- Estate Planning
- Business Sale
- Corporate Reorganization
- Trust Planning
- Family Trust
- Succession Planning
- Business Owners
- Founders & Entrepreneurs
- Partnership
- Sale-Readiness
- Wills & Estates
- Executor Planning
- Legal Perspective
Show Notes
In this episode, we sit down with Barrister and Solicitor, Hasan Naqvi, to uncover why most wills fail – not because the will wasn't prepared, but because those wills no longer reflect their lives or intentions.
From handwritten wills and intestacy rules to executors responsibilities and dual will planning, we explore how wills actually function at death – and where they commonly break down.
Through Real-World Case Studies, We Break Down:
• What actually makes a will legally valid – including when handwritten wills can still hold up in court
• What happens when someone dies without a will – and how the intestacy rules decide who gets what
• Why common-law partners in Ontario can be left with nothing but proper planning
• How outdated wills fail to reflect changes in family, wealth, and intention
• The true role of an executor – and the complexity, risk, and liability that comes with it
• Why probate is required and how it works
• The different ways the government can take or control your assets
• Why cross-border assets and foreign laws can override your Canadian will
This Episode Is Essential To View For:
✓ Families with evolving relationships (marriage, separation, children)
✓ Common-law couples who assume they are "protected"
✓ Anyone who hasn't updated their executor or will in 5+ years
✓ Individuals with assets across multiple jurisdictions
Key Topics Covered:
• The legal requirements for a valid will – and when exceptions (like handwritten wills) apply
• A breakdown of intestacy rules and how estates are distributed without a will
• They key differences between married spouses and common-law partners in estate law
• The responsibilities, risks, and decision-making power of an executor
• Why failing to update your will can completely change your intended outcomes
• The probate process – why institutions require it and how fees are applied
• The three primary ways the government can take or control your estate assets
• How multiple wills and planning strategies can reduce probate exposure
• The impact of foreign jurisdictions and forced inheritance rules on your estate
Full Transcript
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