Estate Administration or Will Interpretation
Saskatchewan Estate Litigation Update: Mang v. Hofer, 2025 CarswellSask 85, 2025 SKKB 21
The recent Saskatchewan King’s Bench decision in Mang v. Hofer offers a reminder of the threshold criteria that an applicant must meet in order to become the administrator of an intestate estate. For context, when a deceased dies without a will their estate falls into...
Saskatchewan Estate Litigation Update: Reader Estate v. Reader, 2024 CarswellSask 522, 2024 SKKB 212
The recent Saskatchewan King’s Bench decision in Reader Estate v. Reader demonstrated the Court’s power to rectify a Will where a drafting error threatened to defeat the intention of the testator.Background: The factual background in Reader Estate included the below:...
Saskatchewan Estate Litigation Update: Bistretzan v Krpan, 2024 SKKB 199
The recent Saskatchewan King’s Bench decision in Bistretzan v Krpan, examined when a Court will order an attorney to provide a final accounting. The decision in Bistretzan offers a variety of lessons, which include: That the period of the accounting should cover only...
Saskatchewan Estate Litigation Update: Concentra Trust v Calvary United Church, 2024 SKKB 139
The recent Saskatchewan King’s Bench decision in Concentra Trust v Calvary United Church, displays the Court’s power to save a charitable gift in a Will, so that an estate gift still flows to another charitable object which closely resembles the testator’s original...
Saskatchewan Estate Litigation Update: Haines v Kuffner Estate, 2024 SKKB 51
The recent Saskatchewan King’s Bench decision in Haines v Kuffner Estate is an example of the Court’s ability to validate a document, which may not have been executed with all the normal formalities. This flexibility offers the ability to ensure, as far as possible,...
Saskatchewan Estate Litigation Update: Gilchrist v Gilchrist, 2023 SKKB 187
The recent Saskatchewan King’s Bench decision in Gilchrist v Gilchrist, 2023 SKKB 187 offers a reminder of the importance of updating your will. If you do not update your will, and certain beneficiaries named in your will have died before you, the legal outcome may be...
Saskatchewan Estate Litigation Update: Gibb Estate (Re), 2023 SKKB 34
The recent Saskatchewan King’s Bench decision in Gibb Estate (Re), is an example of the Court’s ability to render a document effective as a testamentary document, even if said document was executed without all the formal requirements of the Wills Act, 1996.Factual...
Saskatchewan Estate Litigation Update: Armstrong v Lee Grant, 2023 SKKB 111
The recent Saskatchewan Court of King’s Bench decision in Armstrong v Lee Grant, 2023 SKKB 111 involved the question of when a trust beneficiary can attempt to unilaterally collapse a trust, and demand property from the trust immediately.Factual background: The...
Saskatchewan Estate Litigation Update: Kuffner v. Jacques, 2023 SKKB 14
The recent Saskatchewan King’s Bench decision in Kuffner v. Jacques offers guidance on when the merits of a will challenge can be decided in a summary fashion, as opposed to a full trial.Factual background: The factual background in Kuffner was as follows: The Will...
Saskatchewan Estate Litigation Update: Peters (Estate) (Re), 2022 SKQB 186
The recent Saskatchewan Queen’s Bench decision in Peters (Estate) (Re), 2022 SKQB 186 prohibits the practice of altering an affidavit without actually re-swearing it.Factual background: The background facts in Peters can be described as follows: Antonia Peters died on...