by Saskatchewan Estate Law Blog | Jun 14, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
A 2020 decision from the British Columbia Supreme Court makes clear that an agreement to leave a gift in one’s will, is a binding agreement. As such, if one breaches that agreement, the person can be held liable even during their life. In Munro v James, 2020 BCSC...
by Saskatchewan Estate Law Blog | May 12, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
A very useful lesson comes in the recent Saskatchewan decision in Nelson v Wagner. The decision offers guidance on when a court will override claims of solicitor-client privilege, and disclose the file of the solicitor who dealt with a testator. In Nelson, the...
by Saskatchewan Estate Law Blog | Apr 15, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
A recent case from the Saskatchewan Court of Appeal, reminds us that a Chambers judge cannot decide conflicting evidence on the basis of affidavits. Rather, any weighing of credibility must wait for the later trial. The case in McStay arose out of a will...
by Saskatchewan Estate Law Blog | Feb 5, 2021 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog
A recent case of the Saskatchewan Court of Queen Bench offers the following lesson: the Court’s power to “fix” clerical mistakes in Wills, may not necessarily be ordered if there are deeper concerns about the testator’s actual testamentary intentions. Section 37 of...
by Saskatchewan Estate Law Blog | Oct 23, 2020 | Challenges to Validity of Wills, SK Estate Law Blog
More and more wills are being contested in Saskatchewan each year. And the sad truth is that many challenges are avoidable if the will-maker had done one or both of the below things: Hired a lawyer to draft their will, and keep good notes of their instructions; Told...
by Saskatchewan Estate Law Blog | Dec 11, 2018 | Challenges to Validity of Wills, Powers of Attorney, SK Estate Law Blog
This article offers an overview of the 2018 Saskatchewan decision in Carlson v. Carlson Estate, 2018 SKQB 196. Carlson reminds us of the importance of preserving evidence of just how “voluntary” a will is. If, in contrast, a particular beneficiary of the will is seen...
