When Wills Don’t Go as Planned: What You Need to Know
The importance of having a properly drafted and executed will cannot be overstated. A will is a legal document that outlines your wishes regarding the distribution of your property and the care of any minor children when you pass away. However, like any other legal document, errors can creep in, leading to confusion, disputes, and even litigation among beneficiaries. These errors can be minor oversights or significant mistakes that can drastically change the intent of the will. Here’s a detailed guide on dealing with errors in wills.
Types of Errors in Wills
Typically, errors in wills fall into two broad categories: clerical errors and testamentary capacity or undue influence.
1. Clerical Errors
These errors are usually due to oversight or misunderstanding by the person drafting the will. They can include misspelled names, incorrect identification of property, or wrong beneficiary details. While these errors may seem minor, they can cause significant confusion and disputes among beneficiaries.
2. Testamentary Capacity or Undue Influence
These types of errors are more serious and can even invalidate a will. Testamentary capacity refers to the mental capacity of the person making the will, while undue influence refers to situations where the person was coerced or manipulated into including certain provisions in their will.
Rectifying Errors in Wills
The process of rectifying errors in a will depends on the nature of the error and the laws of the jurisdiction where the will was made. Here are some general steps to consider:
1. Consult an Attorney
If you suspect an error in a will, the first step should always be to consult an experienced estate planning attorney. They can review the will, identify any potential errors, and advise you on the best course of action.
2. File a Will Challenge
If the error is significant and cannot be easily rectified, you may need to file a will challenge in court. This is a legal proceeding where you ask the court to invalidate the will or certain provisions of it. Keep in mind that will challenges can be time-consuming and expensive, and there is no guarantee of success.
3. Court Order Rectification
In some cases, a court can order the rectification of a will to correct a clerical error or to carry out the known intentions of the testator if they were not accurately reflected in the will due to a mistake.
4. Negotiated Settlement
If the beneficiaries can agree on how to rectify the error, they may be able to resolve the issue through a negotiated settlement. This can save time and money, and it can also avoid the emotional turmoil of a court battle.
Preventing Errors in Wills
The best way to deal with errors in wills is to prevent them in the first place. Here are some tips:
1. Hire a Professional
An experienced estate planning attorney can ensure that your will is drafted correctly and that it reflects your true intentions.
2. Review Your Will Regularly
Circumstances change, and so do your wishes. Regularly reviewing your will can help you identify and correct any errors.
3. Communicate with Beneficiaries
Let your beneficiaries know about your will and your intentions. This can prevent misunderstandings and disputes after your death.
Conclusion
Dealing with errors in wills can be complex and emotionally charged. However, with the right approach and professional advice, these issues can be resolved, ensuring that your final wishes are honoured.
If you’re looking for quality legal advice on estate planning in Ontario, then look no further. Ontario Wills provides estate planning services for discerning clients, often with complex needs, such as blended families, disabled beneficiaries, or ownership of businesses and out-of-province assets. Our Ontario lawyers are well-equipped to handle any legal issues related to your estate planning needs. Contact us today!
