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What Is a Will and What Is the Role of a Court of Probate – Update

This is an update to my recent blog[1] on Re Milne Estate.[2] LawPro posted an alert on Re Milne Estate today, in which they advise that the case has been appealed. LawPro also advises lawyers who have drafted wills that contain wording similar to that which Justice Dunphy objected to in Milne to notify their excess insurers. LawPro also suggests that lawyers should consider notifying clients who may be impacted by the decision and advising clients of the option to update their wills.

It is to be hoped that the case will be reversed on appeal and that the appellate court will clarify what wording is permissible when drafting primary and secondary wills. Such wills were approved in Ontario in 1998[3] and have become a common and very useful device in will planning and drafting. Hence clarity in how they are drafted is desirable.

[1]  http://welpartners.com/blog/2018/09/what-is-a-will-and-what-is-the-role-of-a-court-of-probate/.

[2]  2018 ONSC 4174 http://canlii.ca/t/hv26k

[3]  in Granovsky Estate v. Ontario (1998), 156 D.L.R. (4th) 557 (Ont. Gen. Div.).

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