Is Your Will Still Valid After A Recent Ontario Ruling?

A recent decision stemming from the Ontario Superior Court of Justice is likely to have far-reaching implications on wills across the Province, and your will could be one of them.

On September 11, 2018, Justice Sean Dunphy ruled that wills cannot leave the distribution of one's assets to the discretion of one's trustees. If it does, it will be invalid.

A need to avoid the "basket clause"

The "basket clause" is used when an individual has more than one will. The use of the clause enables the trustees to determine what assets fall into either will, rather than enumerating each asset in one of the wills. Until Justice Dunphy's ruling, the validity of the basket clause had not been tested in the Ontario courts, however, based on the ruling, it is now clear that the use of the clause can invalidate a will.