Re Milne decision overturned, majority of wills still valid

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.