Most Wills Fail. Here’s Why

What this episode covers

In this episode, we sit down with barrister and solicitor Hasan Naqvi to uncover why most wills fail — not because the will wasn’t prepared, but because those wills no longer reflect people’s lives or intentions.From handwritten wills and intestacy rules to executor responsibilities and dual-will planning, we explore how wills actually function at death — and where they commonly break down.In this episode, we break down:• What actually makes a will legally valid• What happens when someone dies without a will — and how intestacy rules decide who gets what• Why common-law partners in Ontario can be left with nothing without proper planning• How outdated wills fail to reflect changes in family, wealth, and intention• The true role of an executor — and the complexity, risk, and liability that comes with it• Why probate is required and how it works• The different ways the government can take or control your assets• Why cross-border assets and foreign laws can override your Canadian willIf you’ve been putting off updating your will — or haven’t even started one — this episode explains the risks many families only discover when it’s far too late.Links:CRA Takes 80% When You DieBeing an Executor Can Cost You PersonallyLooking for trusted tax advice?Connect with Sankalp (Sunny) Jaggi at Cedar Consulting Group.Email: [email protected]: cedargroup.caSubscribe if you want practical breakdowns of real tax scenarios.Do you think most people understand how inheritance laws actually work?Timestamps:00:00 – Farmer’s tragic story → handwritten will on cloth00:38 – Can handwritten wills be legally valid?01:08 – Introduction to estate & death law discussion01:39 – Detailed farmer accident & dying wish story03:25 – Do wills always need witnesses & lawyers?03:54 – Exception: holographic wills in life-or-death situations04:48 – Is this rule Canada-wide or province-specific?05:13 – What happens if you die without a will?05:32 – Risks of intestacy & government rules06:01 – Purpose of a will & role of executor07:00 – Can government take control of your assets?07:28 – Intestacy hierarchy explained (spouse vs. children)08:50 – Provincial differences in inheritance laws09:18 – When wills fail → outdated wills problem10:55 – Changing beneficiaries & executor risks11:16 – What exactly does an executor do?12:39 – Executor disputes & family conflicts13:31 – Taxes on death & executor liability15:08 – What if executor dies or becomes unavailable?16:30 – Can executor choose which assets to liquidate?17:54 – Can non-family members inherit?19:01 – Tax-efficient will structure → spouse-first strategy22:16 – Separation vs. legal divorce inheritance case23:18 – Lost wills & fire case study25:16 – Are copies / digital wills valid?28:19 – Do common-law partners get inheritance rights?30:18 – Foreign marriages & legal recognition in Canada32:35 – When does government actually take assets?33:06 – Three ways government gets estate assets34:10 – Abandoned assets problem (hidden bank accounts, etc.)36:18 – No will + no heirs = government takes estate37:08 – Court control during disputes38:02 – Extreme family dispute murder case39:43 – Can a murderer inherit an estate?42:13 – Criminal conviction impact on inheritance44:16 – Probate explained from a legal perspective46:11 – Why banks & institutions require probate47:54 – Probate fees & estate valuation process49:35 – Can you probate only specific assets?50:50 – Multiple wills strategy explained52:16 – Wills for different countries & jurisdictions55:30 – Sharia law inheritance vs. personal wills58:53 – Final 3 key action steps for viewers

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