Multiple Wills – An Important Notification

A decision on September 11, 2018, by the Ontario Superior Court of Justice known as “Re Milne” may affect planning you have put in place to reduce the Estate Administration Tax (“probate tax”).

Where a person has multiple Wills – often referred to as Primary and Secondary Wills – prepared in order to reduce probate tax, the decision may put the planning in jeopardy. While the decision did not invalidate the concept of multiple Wills, it found that the particular wording in the Wills before the Court invalidated the Primary Will because of the manner in which the assets covered by that Will were defined. It is not clear whether this case will affect the validity of all types of multiple Wills.

While the decision is being appealed, it is not likely to be heard for some time.

If you have executed multiple Wills, we recommend that you contact your lawyer at Aird & Berlis or a member of our Estates Group.

Those members are:

Elisabeth Atsaidis 416.865.7753
Jack Bernstein 416.865.7766
Rachel Blumenfeld 416.865.3413
Stuart Bollefer 416.865.3079
Donald Carr 416.865.3429
Ed Esposto 416.865.7786
David Malach 416.865.7702
Andrea McEwan 416.865.3444
Marni Pernica 416.865.7738
Elise Pulver 416.865.7758
Melanie Yach 416.865.7770