The Couple Who Never Signed Their Wills

Lessons From Practice

The facts of this story have been altered to protect client confidentiality.

One file has stayed with me throughout my practice - not because it involved a complicated legal issue, but because it could have been avoided so easily.

A husband and wife had decided it was finally time to prepare their Wills.

They met with a lawyer.

They carefully discussed their wishes.

Executors were chosen.

Beneficiaries were identified.

Drafts were prepared.

Everything was ready.

All that remained was to sign the documents.

The signing appointment was scheduled.

Then life got in the way.

One spouse had to work late.

The appointment was postponed.

A family commitment arose.

It was rescheduled again.

There was always another week.

Another month.

Another reason to wait.

The Wills sat unsigned.

Then the unexpected happened.

One of the spouses passed away suddenly.

The carefully prepared Wills - the documents that reflected exactly what the couple wanted - had never been executed.

Legally, they were simply drafts.

They had no legal effect.

The estate had to be administered under Ontario's intestacy rules instead of according to the deceased's carefully considered wishes.

The planning had been done.

The conversations had been had.

The decisions had been made.

But because the documents were never signed, none of those intentions could be carried out.

Estate Planning Is Only Complete When the Documents Are Signed

Many people think that once they've spoken to a lawyer, the difficult part is over.

In reality, preparing the documents is only part of the process.

A Will generally becomes legally effective only after it has been properly executed in accordance with Ontario law.

Until that happens, your wishes may remain nothing more than instructions in a draft.

Life Rarely Gives Advance Notice

Most people postpone estate planning for understandable reasons.

They're busy.

They're healthy.

There always seems to be another priority.

The difficulty is that none of us knows when circumstances may change.

Estate planning is one of those tasks that always feels like it can wait - until suddenly it can't.

A Small Step That Provides Lasting Peace of Mind

Signing a Will usually takes less than an hour.

Yet that brief appointment can provide certainty for your family for years to come.

Once your documents are signed, you know that your wishes have been properly documented and that your loved ones will have clear guidance when they need it most.

Final Thoughts

The lesson from this experience was not that the couple failed to plan.

In fact, they planned carefully.

The lesson was that good intentions alone are not enough.

Estate planning is only complete when your documents have been properly signed and executed.

If you have been thinking about preparing - or finalizing - your Will, there is no better time than now.

If you would like assistance preparing or executing your estate planning documents, Tonelli Estate Law would be pleased to assist - BOOK A FREE CONSULT TODAY.

This article is for general informational purposes only and does not constitute legal advice.