Members experienced in estate planning law are offering public information sessions to communities
This November, the Ontario Bar Association (OBA) has launched its annual “Make a Will Month” campaign, during which OBA members practising in the area of wills and estate planning provide free public information sessions to communities throughout the province.
In a news release, the OBA shared that the yearly initiative aims to inform or remind Ontarians, many of whom lack a will, that:
- A will is a set of legal decisions governing whom and what people value most, rather than simply a document
- Absent a will, Ontario law will determine a person’s beneficiaries and will potentially fail to align with the individual’s wishes
- Ontario has rigid rules on the signing and witnessing of wills, with noncompliant wills potentially being deemed invalid
“A will is where certainty, clarity and comfort matter most,” said Mariam Moktar, OBA president, in the news release.
The OBA emphasized that the typical templates might not sufficiently address any issues arising from blended families, common-law partners, estranged relatives, dependents with disabilities, and property or investments outside of Canada.
“In my practice, I see what happens when a will is prepared without sufficient professional attention and care in the process,” said Mitchell Rattner, an estate litigation partner at Schnurr Kirsh Oelbaum Tator LLP and chair of the OBA’s Trusts and Estates Law Section. “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.”
The lawyer’s role in making a will
According to the OBA, the annual campaign aims to explain to Ontarians that a lawyer can help them:
- Consider the unique situation of their families
- Apply the current legislation for the appropriate jurisdiction
- Tackle how new legal developments may impact their plans
“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,” Moktar said. “A lawyer will go beyond just the document and create your plan.”
The OBA seeks to communicate to Ontarians that legal professionals can help them ask the right questions when making a will, such as:
- Who should be the executor?
- What if the executor cannot act?
- What happens if a beneficiary passes away first?
- Do the beneficiary designations match the will’s contents?
“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,” Rattner said in the OBA’s news release. “Sitting down with a lawyer is the way you can ensure that all of this happens.”
More Ontario Bar Association news
In August 2025, the OBA presented Bill Bay, president of the American Bar Association, with an award that recognized what Kathryn Manning, then-OBA president, dubbed “the courage of the ABA and individual US lawyers” in protecting the rule of law.
In May 2025, the OBA announced the launch of a portal to assist lawyers who were searching for pro bono work that aligned with their schedules and practice areas.
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