Miller Thomson On Estate Planning | Update on Multiple Wills

A special alert regarding the appellate decision of Milne Estate (Re), 2019 ONSC 579 (Ont. Div. Ct) has recently been published by Miller Thomson's Ontario Private Client Services Group in their Wealth Matters Newsletter. In Milne Estate (Re), the Ontario Divisional Court references Miller Thomson on Estate Planning, (Toronto: Thomson Reuters Canada, 2018) [see paragraph 22].

A sample from this special alert is excerpted here:*

The Divisional Court decision brings clarity to estate planners and their clients as it upholds the widely used practice of drafting wills with language that grants executors the power to allocate assets among multiple Wills on an objective basis. It will also provide comfort to many thousands of individuals in the Province of Ontario whose existing Wills contain similar language that, in all likelihood, such Wills are not invalid.

That being said, the whole saga of these Court decisions highlights the need for careful and considerate drafting in all matters pertaining to Wills, trusts and estates. If one of the key objectives of proper and thorough estate planning is to bring certainty to the settlement of one’s affairs, the implementation of the planning through proper legal documentation cannot be consigned to the status of an afterthought. Miller Thomson’s national Private Client Services group brings together a highly specialized team of trusts and estates professionals who are dedicated to delivering outstanding results to their clients. And, the Ontario Divisional Court has now recognized that expertise by referencing our keynote publication, Miller Thomson on Estate Planning.

The full article can be found at:

https://www.millerthomson.com/en/publications/communiques-and-updates/wealth-matters/january-2019-wealth/special-alert-update-on-multiple-wills-milne-estate-re-2019-onsc-579/