A Failed Codicil: What This Case Reveals About Estate Planning Risks

5 days ago
2 min read

By: Amanda Willing

Summary:

A Significant Shift in an Estate Plan

In Schickedanz v. Schickedanz, 2026 ONCA 191, a handwritten codicil dramatically changed an existing will. Instead of dividing assets equally among five children, the codicil left a $20 million farm to one daughter.

This unexpected change led to a legal challenge by the four sons, who questioned whether their mother truly intended—and understood—the shift.

How the Courts Approached the Issue

Both the trial court and the Court of Appeal focused on a central question: Did the will-maker have the capacity and understanding required to make this change?

The answer, based on the evidence, was no.

As a result, the codicil was set aside.

What Raised Concern

Unusual Circumstances Surrounding the Codicil

The court noted several factors that required closer scrutiny:

The daughter receiving the benefit was involved in the process
The will-maker was experiencing health and cognitive challenges
The document was created without legal guidance

These elements created what the law refers to as “suspicious circumstances.”

Understanding Could Not Be Confirmed

A key requirement for any valid will or codicil is that the person understands:

What they are signing
How it affects their overall estate
Who benefits—and who does not

Here, the court was not satisfied that the will-maker appreciated that she was undoing the equal distribution set out in her earlier will.

Health and Capacity Were in Question

Medical evidence played an important role. Records and testimony pointed to:

Cognitive impairment
Anxiety and confusion

This raised legitimate doubt about whether the will-maker had the capacity to make such a significant decision.

A Broader Message for Estate Planning

This case reflects a broader pattern seen in estate litigation: The more informal the change, the more vulnerable it becomes.

Where Problems Commonly Arise

Major last-minute changes to a will
Unequal distributions among children
Lack of professional involvement
Concerns about aging or cognitive decline

When these factors combine, disputes are far more likely—and more difficult to resolve.

Key Takeaways

Courts look beyond signatures to assess true intention and understanding
Suspicious circumstances increase the burden of proof
Handwritten codicils are particularly vulnerable to challenge
Medical evidence can strongly influence the outcome
Structured, professionally prepared plans are more likely to be upheld

A Practical Perspective

The decision in Schickedanz v. Schickedanz, 2026 ONCA 191 illustrates how quickly an estate plan can become uncertain when changes are made outside a formal process.

Even where intentions may have been genuine, the absence of clear documentation and safeguards can lead to results that differ from what was intended. Thoughtful, well-executed planning helps ensure that decisions made today are respected in the future.