LAWPRO Alert: Statement on Re Milne Estate decision
LAWPRO is aware of the Re Milne Estate decision and we confirm that it has been appealed. We expect the appeal won’t be heard for several months. We hope the appeal decision brings clarity to how primary and secondary wills should be drafted. Lawyers that have drafted wills that may be impacted by this decision because they used similar wording should report to their excess insurer(s).
As the outcome of the appeal is unknown at this time, you might consider, where circumstances allow, notifying clients that may be impacted of this decision and the pending appeal, as well as the potential implications to them, including advising the clients of the option to update their wills. We are not inviting lawyers to provide notice of a claim to LAWPRO at this time, unless the circumstances of the matter indicate a potential claim (e.g., you are unable to contact the client, client has capacity issues, etc.).