On September 17, 2019, OBA members met and discussed hot topics in estates law, at the first Trusts and Estates Section Brown Bag Lunch (BBL) of the new term.
The BBL discussion began with a JUST Magazine article about trending issues in estates law, including the Superior Court of Justice decisions in Re Milne Estate and Re Panda Estate, both of which addressed the question of multiple wills. One member shared some guidance from the Minister of Finance regarding multiple wills, which does not appear to have been posted publicly by the Ministry.
The issue of multiple wills led to a discussion regarding how devolution of the position of estate trustee applies in circumstances where the estate trustee named in a secondary will dies, but the secondary will had not been probated. This raises the question of whether the secondary will may need to be probated in such a situation.
Please log in to read the full article.