As the Ontario Bar Association (OBA) kicks off its annual Make a Will Month campaign this November, it is urging Ontarians to remember that a will is not just a document. It is a set of legal decisions about the people and things that matter most to you.
Throughout the month, dozens of OBA members, all lawyers with deep expertise in wills and estate planning, will deliver free public information sessions in communities across Ontario.
“A will is where certainty, clarity and comfort matter most,” says OBA President Mariam Moktar. “You need an expert who can sit across from you, learn about your loved ones, and make sure your wishes will actually be carried out according to your own unique context. A lawyer will go beyond just the document and create your plan.”
Having a will is the first step
Without a will, provincial law decides who inherits, and the result may not match what a person would have wanted. Too many Ontarians still don’t have one.
Why a lawyer
A lawyer will sit down with you and:
- Think through your family’s unique circumstances. Blended families, common-law partners, estranged relatives, dependents with disabilities, and property or investments in other countries all raise issues that templates may not anticipate.
- Ask the pointed questions. Who should be your executor, and what if they can’t act? What happens if a beneficiary dies first? Do your beneficiary designations match your will? The right questions often matter more than the answers a form produces.
- Apply the current law for the correct jurisdiction. Ontario’s rules on how a will must be signed and witnessed are strict, and a will that misses them can be invalid. A lawyer also knows how recent developments affect your plan.
- Be accountable to you. Lawyers are regulated professionals who owe you duties of competence, confidentiality and care.
“In my practice, I see what happens when a will is prepared without sufficient professional attention and care in the process. There are gaps, ambiguities, or sometimes errors that are not caught until it is too late. The cost - emotional and financial - falls on grieving families, often in the form of conflict and litigation,” says Mitchell Rattner, an estate litigation partner at Schnurr Kirsh Oelbaum Tator LLP and Chair of the OBA’s Trusts and Estates Law Section. “A lawyer will ask the questions you didn’t think to ask, make suggestions you haven’t considered, assess family dynamics and potential risks, and ensure your will integrates with the rest of your estate plan. Sitting down with a lawyer is the way you can ensure that all of this happens.”
Make a Will Month is an invitation to take that first step. Come to a free session, ask questions, and then book the conversation with a lawyer – the first step in protecting the people you love.
To learn more about Make a Will Month and find a free session near you, visit the Make a Will Month website.