The current wholesale upset of Ontario's estates and trusts
legal community over the decision in Re Milne is not only
disturbing, but causes reflection on the origin of multiple wills
in this province, as well as earnest hope for an early resolution
of a huge problem.
The only NDP government in Ontario to date, under then Premier
Bob Rae, decided in 1990 to increase the fees payable on obtaining
probate of a will. It tripled them, so that approximately
1½% of the gross value of the assets in an estate, less only
any amount owing on a mortgage of real estate, now has to be paid
for services similar to those which the then Surrogate Court had
been performing for many, many years.
The profession, in general, considered this a "bad
thing," but resigned itself to accepting it.
