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Jan 31, 2019

Successful Milne decision appeal a comfort to estate law practitioners

In a recently published article, I summarized the Ontario Superior Court's controversial decision in Milne Estate (Re) 2018 ONSC 4174, in which the court concluded that two wills that had been submitted for probate were invalid.

The court's conclusion was based on its assertions that: (i) a probate court has the jurisdiction and obligation to determine the validity of a will; (ii) a will is a form of trust, and therefore must satisfy the “three certainties” in order to be valid; and (iii) a provision in a will that allows the executors to determine whether a particular asset should be dealt with under that will (often referred to as a “basket clause”) undermines the “certainty of subject-matter” that is necessary for a valid trust (and, by extension, a valid will).

read more Successful Milne decision appeal a comfort to estate law practitioners

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