5 Common Drafting Problems With Wills

More than half of Canadians do not have wills, according to estimates. And of those that do, many may be outdated or improperly drafted.

Read: Homemade wills often require interpretation

Here are five common mistakes people make when drawing up wills.

Assets are not described accurately, or have changed form. For example, real estate is not given the correct legal description. Or an operating company or other assets are reorganized between the date the will is drafted and the testator's death, and they are held in a different corporation or no longer directly. The intended beneficiary may receive nothing, while another beneficiary may receive an unintended windfall. (Read: When your client wants to change beneficiaries) A beneficiary is not correctly identified. Also, if beneficiaries are described as a group, the will must clearly define the group, such as "my grandchildren," and the date for determining whether someone is a group member (e.g., "as of January 31, 2014."). Problems can also arise where a charity is not described by its correct legal name and there is an ambiguity as to which charity is to benefit. If a named beneficiary is no longer alive when the testator dies and was a close family member, provincial legislation generally allows the gift to go to that deceased beneficiary's family members, unless a contrary intention is expressed. It's possible this may not have been what the testator intended. Trusts are ineffectively drafted and...