Court’s ruling brings back clarity to multiple wills strategy GlobeInvestor
Ian Hull is co-founder of Hull and Hull Barristers and Solicitors in Toronto, and is a certified specialist in estate and trust law and civil litigation.Milne Estate
This past September, Justice Sean Dunphy of the Ontario Superior Court of Justice ruled that a primary will is invalid when estate trustees are given the discretion, through an allocation clause, to determine which assets would fall under either a primary or a secondary will. That decision, which is made after the testator’s death, is based on whether the assets would be subject to probate fees.
Probate fees are required in certain circumstances. The strategy involving the use of multiple wills has minimized the probate fees payable as well as the delay associated with obtaining a certificate of appointment of estate trustee – and concerns around privacy in respect of certain assets.
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