Dentists are no strangers to precision. A crown that’s 99% finished is still incomplete—and unusable. The same unforgiving standard applies to your estate planning: almost done is not done.
A recent Ontario Superior Court decision in Jamshed Mavalwala underscores this reality. In this case, an unsigned electronic Will—prepared, reviewed, and scheduled for signatures—was found to be legally meaningless. The testator died before signing it, leaving his estate to be governed by an older version that no longer reflected his wishes. It’s a sobering reminder that, in Ontario, a Will is valid only if it meets every statutory requirement. Good intentions—even documented ones—will not save an unsigned Will.
In this post, we’ll walk you through what happened, explain what the law requires, and share practical advice to ensure your legacy plans hold up when it counts.
Background
Mr. Jamshed Mavalwala had worked closely with his lawyer to update his Will. Over several days, a new draft was prepared, witnesses were lined up, and the signing was scheduled. On the surface, everything seemed to be in place.
But on the morning of the signing, Mr. Mavalwala passed away.
His family was left with an unsigned newer Will and an older, outdated but legally valid Will. The newer draft included significant updates that reflected changes in his personal relationships and intended beneficiaries. His family, pointing to the lengthy drafting process and the clear intent to revoke the earlier Will, asked the Court to recognize the unsigned version as valid.
The estate trustee named in the old Will requested assistance from the Court in determining how much he had to follow the letter of the law and if exceptions were available. The case went to Ontario’s Superior Court of Justice for a ruling.
The Issues
- Can a Word document that was never printed or signed be validated as a Will in Ontario?
- Does a testator’s verbal approval of a draft Will—conveyed through a third party—prove fixed and final testamentary intention?
In other words, is “almost done” good enough when it comes to Wills?
The Decision
The Court said no.
Ontario’s Succession Law Reform Act (SLRA) sets out strict requirements for a formal Will:
- It must be in writing.
- It must be signed by the testator at the end.
- The signing must occur in the presence of at least two witnesses, present at the same time, who also sign in each other’s presence.
Since Mr. Mavalwala passed away before signing, the second and third requirements were never fulfilled. There is no legal leeway for a draft that is almost executed. Without a signature, the Court decided there was simply no proof that the deceased wanted this version to govern his estate.
The judge applied the letter of the law: the unsigned Will was invalid, and the earlier valid Will controlled the estate.
Why This Matters to Dentists
For dentists, the lesson is clear: your estate plan is only as strong as its execution.
Like a treatment plan left unfinished, an unsigned Will leaves your estate vulnerable. Even if you’ve spent time with your lawyer carefully drafting updates, those intentions mean nothing without proper signing and witnessing.
Estate planning often gets postponed. However, as this case illustrates, delays can have severe consequences:
- Family Conflict — Your assets, including your dental practice, may go to unintended beneficiaries, sparking disputes.
- Practice Disruption — Without a valid corporate Will, transferring or selling your practice shares can be delayed, complicated, or blocked, leaving employees, patients, and associates in limbo.
- Tax Losses — An outdated Will may miss opportunities for tax minimization, costing your estate thousands.
- Added costs — Court applications come with the risk of legal fees and expenses. In this case, the estate was ordered to pay full indemnity costs for the application process.
You spend years building a successful practice and financial security for your family. But without a properly executed Will, much of that planning can unravel in a single moment.
What You Can Do Now
To make sure your Will truly protects your practice and your family, take these steps:
- Plan for your practice. Estate planning for dentists should include your professional corporation, succession plans, and a practice transition strategy.
- Include Powers of Attorney. While Wills speak after death, Powers of Attorney protect you during life if you’re incapacitated and are equally important. Have them drafted and updated along with your Will.
- Sign promptly. Once your lawyer has prepared your Will, schedule and attend the signing without delay. Don’t wait until a “convenient time”.
- Follow the formalities. Ensure you and two independent witnesses are present and sign correctly.
- Review regularly. Update your Will after significant life or business events, such as incorporating, buying or selling a practice, or changes in family circumstances.
- Avoid relying on drafts. Never assume an unsigned or electronic version will stand up in Court.
- Communicate with your executors. Make sure your estate trustees know where the signed original Will is stored and how to access it.
At DMC, we help dentists prepare estate plans that meet every legal requirement so there are no gaps between intention and reality. A well-drafted and properly executed Will gives you—and your loved ones—the peace of mind that your practice and legacy are protected.
And if you own your practice through a professional corporation, you should strongly consider a dual-Will strategy. Having a corporate and primary Will is common among Ontario dentists as it speeds up estate administration and reduces costs.
Bottom Line
A Will is only a Will when it’s properly signed and witnessed. Good intentions, draft documents, or verbal approvals won’t protect your estate if the legal requirements aren’t met.
The Mavalwala case is a strong reminder that the law is exacting, and so is life. Don’t leave your estate—or your practice—at risk. Once your Will is ready, sign it in strict compliance with Ontario’s requirements. Better yet, work with a lawyer experienced in both personal and corporate estate planning for dental professionals. Your patients trust you to finish what you start. Give your family and your business the same certainty.
Contact DMC to ensure your estate plan is signed, valid, and ready when it matters most.
