What Happens When a Will is Missing an Important Clause?

All About Estates
By Danna Miller
August 26th, 2026

A will is intended to provide clear instructions about the distribution of a person’s property after death. But what happens when an important clause is missing?

This issue was considered in Kentros v. Kentros, 2026. The missing clause in this case? The drafting solicitor inadvertently failed to include a “remainderman clause”. That omission became significant.

While this case does not provide a complete answer to the question of how far an Ontario court can go in correcting a will after probate, it does demonstrate how Ontario courts may be able to give effect to a testator’s clear intentions despite a drafting error. However, the precise boundaries of that power remain an open question.

This case is a useful reminder of the difficulties that can arise when a will does not accurately reflect a testator’s intentions and raises important questions about the limits of a court’s ability to correct a will after it has been probated…