by Saskatchewan Estate Law Blog | Sep 1, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan decision in Nicklen Estate offers a reminder of the importance of making changes to your will while you still can. If you draft “notes to self” but postpone actual changes to your will, it may be too late. Background A will was executed by the...
by Saskatchewan Estate Law Blog | Aug 25, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
The recent case of Fraser v Mountstephen offers reminder that not every irregularity with a Will can justify subjecting that Will to litigation. Background Blair Fraser died without children. He named a friend, Lori Ann Mountstephen, as Executrix. He left his entire...
by Saskatchewan Estate Law Blog | Jul 27, 2021 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog
Today’s post comes from Wagner Sidlofsky LLP, a well-known estate law blog. The article talks about the importance of creating a contemporaneous evidentiary record of a parent’s intention when gifting property to their adult children. If a parent places an adult...
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...
