A will reflects instructions and circumstances at the time it is made. Family relationships, assets, responsibilities, and the people you trust can change. A review helps determine whether the document still expresses your wishes and whether related plans work together.
Review does not always mean replacement.
A lawyer can examine the current will and discuss whether changes are needed, how they should be made, and whether related powers of attorney or beneficiary designations should also be reviewed.
Marriage, Separation, or Divorce
Changes in a relationship may affect intended gifts, appointment of an estate trustee, family obligations, and property arrangements. Ontario's legal effects depend on the documents and facts; do not assume a marriage, separation, or divorce automatically produces the outcome you want under your will.
Bring the current will, marriage contract or separation agreement, and any relevant court orders to the review.
Children, Grandchildren, and Dependants
A birth, adoption, new dependant, or change in a child's circumstances may prompt a review of beneficiaries, guardianship wishes for minor children, trustee arrangements, and how gifts should be managed. Consider whether any beneficiary has particular support needs.
Death or Unavailability of a Named Person
If a beneficiary, estate trustee, substitute trustee, guardian, or appointed attorney has died or can no longer act, review what the existing documents say happens next. Even where a substitute is named, you may now prefer someone else.
A Home, Business, or Significant Asset Change
Buying or selling a home, receiving an inheritance, creating a business, acquiring property outside Ontario, or changing how assets are jointly owned can affect estate plans. The legal and tax treatment of particular assets varies, so coordinated advice may be useful.
A Move or Change in Residence
If you move to or from Ontario, or acquire property in another jurisdiction, ask whether the will and powers of attorney remain appropriate. Cross-border estates and multiple wills require individualized advice.
Changed Wishes or Family Circumstances
You may want to change a gift, appoint a different person, address a family conflict, or update charitable intentions. A review can also help when an intended beneficiary's circumstances have changed or when there is a concern about capacity or undue influence.
Review Related Documents Together
Beneficiary designations, joint ownership, insurance, registered accounts, trusts, and powers of attorney may operate alongside a will. Review the actual records and documents rather than assuming everything is controlled by the will.
A will generally governs estate matters after death; powers of attorney concern decisions during life. Changes to one do not necessarily update the others.
What to Bring to a Will Review
- The signed will and any codicils
- Powers of attorney and beneficiary designations
- An overview of family members and intended beneficiaries
- List of major assets, debts, property, and business interests
- Names of proposed estate trustees and substitutes
- Marriage or separation documents and relevant court orders
- A short list of changes or questions you want to discuss
Keep the original will safe and avoid writing on it or trying to alter it informally. A lawyer can advise on the proper method of changing or replacing it.
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Official Resources
Ontario: Estate Planning and Wills · Ontario: Make a Power of Attorney
This article provides general information only and is not legal or tax advice. The effect of a will depends on its wording, the circumstances, and applicable law. Contacting the firm does not create a lawyer-client relationship.