Estate Planning Mistakes That Affect Your Home in Ontario

Many Ontario homeowners assume their house will automatically transfer according to their wishes. In reality, estate planning mistakes can directly impact what happens to your home — especially when it becomes time to sell, transfer ownership, or settle an estate. As a REALTOR® working with downsizing families and adult children in the Bay of Quinte, I see these issues come up more often than people expect.

Here are seven of the most common estate planning mistakes that can affect property in Ontario:

• No Backup Beneficiary Named
If your named beneficiary passes away before you and no contingent beneficiary is listed, the asset may fall back into your estate. That often means probate and delays that could have been avoided.

• Not Updating Your Will After a Major Life Event
Divorce, remarriage, or the death of a spouse can change everything. Outdated documents frequently create unintended outcomes — especially when real estate is involved.

• Adding a Child to Title Without Understanding the Risks
Many parents believe adding a child to title is a simple way to avoid probate. However, this can trigger capital gains exposure, creditor risk, divorce complications, and even family disputes between siblings.

• No Power of Attorney in Place
A will only comes into effect after death. If someone becomes incapacitated and no Power of Attorney exists, family members may need to go through a court process just to manage the home or finances.

• Improperly Executed or DIY Will
In Ontario, a typed will must be properly signed and witnessed by two individuals who are not beneficiaries. A holograph will must be fully handwritten and signed. Small mistakes in execution can create major complications.

• Assuming Joint Ownership Automatically Avoids Probate
Joint ownership does not eliminate legal or tax complications in every situation. Structure, documentation, and intent all matter.

• Not Reviewing Your Plan After Buying or Selling Property
Real estate transactions should trigger a review of your estate plan. A home is often a family’s largest asset, and ownership changes must align with updated documents.

Many families only discover these issues after someone passes away — when options are limited and emotions are already high.

If you own a home in Ontario, particularly here in the Bay of Quinte, and haven’t reviewed your estate plan in years, it may be worth having that conversation. Estate planning isn’t just about documents — it’s about protecting your home and the people who matter most.

Anette Targowski, REALTOR® | Senior Real Estate Specialist® (SRES®)
Not just a REALTOR® — your full downsizing team.
stress-free DOWNSIZING starts here, with me and my team!

This article is general information only and not legal advice. Always consult a qualified estate planning lawyer for specific guidance.