Good news.  As the reader will recall, the decision in Milne Estate threw the Estate bar of Ontario in confusion over the issue of whether “basket clause” multiple wills were invalid.  The Divisional Court (Milne Estate (re) [Div.Ct.]) has now restored the law as it was before the first decision: “basket” (or “allocation”) clause wills […]

In Panda Estate (Re), 2018 ONSC 6734 (CanLII) As the reader will recall, the Milne Estate decision said that a multiple will basket clause failed because — according to Dunphy J. in Milne Estate — a will is a form of trust and that, in order for a will to be valid, it must create […]