Re Milne decision overturned, majority of wills still valid

20 February 2019

On December 5, 2018, we advised you of Re Milne, an Ontario court decision that called into question the effectiveness of certain wills, known as "multiple wills." We urged you to contact us if you had multiple wills or were unsure as to whether your wills were affected by this decision.



Gowling WLG was retained to act on the appeal of Re Milne. We are pleased to advise that the appeal was successful and the lower court's decision overturned. The appeal court's decision is final.

As a result of our success in arguing the appeal, the validity of the vast majority of multiple wills in Ontario is no longer an issue.

However, if you have multiple wills, we still recommend that you have them reviewed by a qualified lawyer as a precaution to determine whether updates or amendments are needed.

For assistance with your will(s), please feel free to contact the Gowling WLG estates team at estates@gowlingwlg.com. Alternatively, you may also reach out directly to one of our lawyers listed to the right.


NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

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