The Good Intentions That Create Estate Problems
Most Estate Planning headaches don’t start with complicated legal disputes or family drama. They start with something much simpler: a decision that feels perfectly reasonable at the time.
A parent adds their daughter’s name to the bank account so she can help pay bills. A couple downloads a Will template on a Sunday afternoon to finally “get it done.” A family just assumes their oldest son will handle everything when needed—after all, he’s always been the responsible one.
Each of these choices makes sense in the moment. They’re practical. They avoid awkward conversations. They get something off the to-do list.
The problem? These same shortcuts are often at the root of the estate issues families struggle with years later.
When “Simple” Isn’t Actually Simple
Here’s the thing: wanting simplicity isn’t wrong. Nobody wants their Estate Plan to be more complicated than it needs to be. But there’s a difference between simple and thoughtful—and that difference matters more than you might think.
What feels easy today can create real confusion, delays, and conflict down the road. Let’s look at a few common examples.
The Joint Account Quick Fix
Adding a child or spouse to your bank account is probably the most popular Estate Planning shortcut out there. It’s practical—they can help with bills, handle things if you’re in the hospital, and maybe avoid probate entirely.
But here’s what it doesn’t do: make your intentions clear.
When you add someone to an account, are you giving them that money? Holding it in trust for all your kids? Just making life easier while you’re alive? These questions might seem obvious to you right now, but they often become hotly debated after you’re gone, when family members see the same decision through very different lenses.
And it’s not just family dynamics. Tax authorities take a close look at joint accounts too, especially when there are large balances or investments involved.
Joint ownership can absolutely solve access issues during your lifetime. But it doesn’t automatically solve estate issues after death—and without clear documentation, it can create more questions than answers.
The “At Least We Have Something” Will
Online Will platforms have made Estate Planning more accessible, and that’s genuinely a good thing. Having something in place really is better than having nothing.
The catch? Many DIY Wills are technically valid but practically incomplete.
They might be missing important details about executor powers. They might not coordinate with beneficiary designations on your RRSP or life insurance. They might not account for digital assets, business interests, or family complexities.
What this means is that the cost and complexity you avoided during planning often show up during Estate administration—when problems are much harder and more expensive to fix, and when your family is already dealing with grief.
These tools aren’t necessarily flawed. They’re just often treated as the final word rather than a starting point.
Naming Someone Without Thinking It Through
Another common approach: choosing a trusted family member as executor and leaving it at that. Usually it’s the oldest child, or the one who’s “good with paperwork.” The decision is made out of love and confidence, not carelessness.
But being an executor today isn’t what it used to be. It’s time-consuming, emotionally draining, and administratively complex. Executors coordinate lawyers, accountants, and family members. They manage deadlines, make decisions that carry personal liability, and navigate relationships during one of the most stressful times in a family’s life.
Even the most capable person can become overwhelmed, get sick, or face their own life changes.
When there’s no backup executor or contingency plan, a resignation or family conflict can throw everything into chaos right when stability matters most. That simple appointment becomes a single point of failure.
The “Done and Dusted” Mentality
Estate Planning often gets treated like a task you complete once and forget about. Documents are signed, filed away, and never looked at again.
But life doesn’t stand still.
Your assets change. Your family grows or shrinks. Relationships shift. That plan you made a decade ago might not reflect how your family actually functions today. When estate planning is treated as a one-time event, surprises become almost inevitable—and surprises tend to fuel conflict.
There’s also the silence factor. When you don’t discuss your intentions, the people you’ve named as executors and beneficiaries are left to interpret your decisions without any context. Even unintentional silence can look like secrecy or favouritism from the outside.
The Pattern Behind Most Problems
When Estate issues arise, it’s natural to look for someone to blame. But in reality, most problems follow a pretty predictable pattern:
Well-meaning people make practical decisions to simplify things. The downstream implications aren’t fully understood. The consequences only show up when someone loses capacity or passes away.
Most Estate problems aren’t caused by negligence or bad intentions. They’re caused by shortcuts that seemed perfectly reasonable at the time.
Thoughtful Beats Easy
Look, wanting things to be simple isn’t a mistake. Nobody needs unnecessary complexity in their life. The key is recognizing that the easiest decision right now isn’t always the clearest or kindest decision for the people you’ll leave behind.
Thoughtful Estate Planning is less about speed and more about asking the right questions: What happens if circumstances change? What will make sense to my family when they’re grieving and stressed? What could cause confusion or conflict? The shortcuts that feel most convenient today are often the ones that cause the most struggle later.
A good Estate Plan doesn’t have to be complicated—but it should be complete. At SmartWills, we help you create a Will that’s both easy to set up and designed to work when it matters most. Reach out to Peter if you have questions.
Want more information?
Are you interested in a consultation with Peter R. Welsh?
Contact me at Peter@SmartWills.ca
By telephone 416-526-3121
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This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions.
