My Loved One Died and There are Multiple Wills. Which One is the Right One?

Losing a loved one is never easy, and the emotions that follow can be overwhelming. But when you’re confronted with multiple wills left behind by the deceased person, the confusion and stress can deepen. You might wonder: Which will is the valid one? How do I make sense of conflicting terms? What if a family member disagrees on how the estate should be divided? These are tough questions, and the answers can impact the future of family heirlooms, assets, and even relationships between those left behind. At DWA Law, our estate litigation lawyers understand the intricacies of these situations, and we’re here to help you through it.

At first glance, having two wills or multiple versions of a will might seem like a mistake. After all, most wills are supposed to provide clarity about a person’s wishes, right? But there are several reasons why someone might create more than one will, and each scenario carries different implications for their loved ones.

Some people intentionally draft separate wills to manage different parts of their estate. This approach is common where certain assets—like business interests or personal property—may be governed under different sets of rules. The goal might be to avoid unnecessary probate fees. Ontario allows for this technique, enabling estate planners to reduce costs while protecting their assets. In these cases, one will might deal with assets that need to go through probate court, while the other half of the estate—such as shares in a private company—could be covered by a second will that sidesteps the probate process altogether.

There’s also the question of mutual wills, often used by married couples or common law partners who want to leave everything to the surviving spouse. A mutual will creates a binding agreement between partners, ensuring that when the surviving spouse dies, the remaining assets are distributed according to their original shared intentions. However, it’s essential to understand that these are not the same as mirror wills, which are simpler and allow for more flexibility. With mirror wills, each partner’s will reflects the other’s but can be revised individually without the other’s consent.

But what about situations where there are conflicting documents? Perhaps an individual created a new will but didn’t formally revoke the earlier will. This is where things get tricky. If no revocation clause is present and two wills exist, the probate court must step in to determine which one governs the estate. The court will focus on identifying the most recent, validly written will.

For a last will to be legally binding, it must meet specific requirements. In Ontario, like elsewhere, the document must be written by someone of sound mind and have been created validly—meaning it was signed and witnessed properly.

The validity of the will is where the court’s attention will be. Was the latest dated will the product of the deceased’s free will, or was there undue influence? Did the deceased have the mental capacity to understand what they were signing? These questions are critical when multiple wills exist. If someone wrote a new will after being diagnosed with a condition affecting their judgment, the court may examine the deceased’s testamentary capacity to decide if the new will should be honored.

The court will also look for technical details—was the will properly signed in the presence of witnesses? If not, the will may be rejected, even if it reflects the person’s final wishes. Oral wills, for example, are generally not recognized under Ontario law, so if there is no written document that meets legal requirements, you could be left relying on a previous will or none at all.

Disputes over wills can arise when family members, common law partners, or other beneficiaries disagree on how the estate should be divided. For instance, if the prior will leaves the bulk of the estate to minor children, but a revised multiple wills-based estate plan gives a substantial share to a new spouse, tensions are likely to surface. Which version is the right one?

In Ontario, the most recent will typically takes precedence. 

But what if there are overlapping terms, or worse, outright contradictions? One common issue is when a new will doesn’t include a revocation clause, leaving the status of the previous wills unclear. In this situation, it’s up to the court to interpret the intent of the deceased person. Was the prior will meant to be fully replaced, or was it supposed to cover assets not mentioned in the new will? 

The probate process is the legal mechanism that confirms a will’s validity and grants authority to the executor to manage the deceased’s estate. In cases where multiple wills exist, probate becomes more complex. While some assets might not require probate—such as those governed by a separate, non-probate will—the court will still need to assess the overall situation. This ensures that the estate is distributed according to the deceased’s wishes and according to Ontario’s estate laws.

In some cases, pour over wills come into play. A pour over will typically directs any remaining assets not specifically mentioned in other estate planning documents to a trust. But if multiple versions of wills exist, it can be challenging to determine which legal document takes priority.

If you’ve found yourself in a situation with multiple wills, it’s important to act carefully. Start by gathering all versions of the wills and reviewing them thoroughly. Check for revocation clauses, mutual wills, or signs that one will might override the other. If a will is particularly old or wasn’t witnessed properly, it may not hold up in court.

Next, consider the emotional component. You and your family members are already grieving; the last thing you want is a drawn-out legal battle. But estate disputes can happen, and they can get heated. 

Working with professionals can make all the difference. At DWA Law, we’re committed to helping families in Ontario navigate these sensitive situations with compassion and legal insight. Our estate litigation lawyers will work alongside you, offering clarity, resolving conflicts, and helping to uphold the deceased’s final wishes.

At DWA Law, we understand how delicate and emotional these situations can be. We’ve worked with countless families who are navigating the legal complexities of estate disputes, and we know how vital it is to honour your loved one’s legacy with care and respect. Our team takes the time to listen, to understand your needs, and to offer clear guidance on the best way forward.

We know that life’s challenges can come in many forms, and our firm is here to support you in a wide range of legal matters. We also handle personal injury cases, helping those who have been hurt due to accidents or negligence. If you’ve been injured in a car accident, a slip-and-fall, or any other incident, you might be wondering how to secure fair compensation for your medical expenses, lost wages, and emotional distress. 

A common question related to personal injuries we hear from clients is, “what does premises liability cover?” Premises liability refers to the legal responsibility of property owners to ensure their spaces are safe for visitors. This can involve everything from ensuring that walkways are clear of hazards to making sure adequate security measures are in place. If you’ve been injured on someone else’s property, whether it’s a business, a private home, or a public space, you may have the right to seek compensation for your injuries. Our legal team can guide you through the process. Contact us today.