by benlamothe | Jul 22, 2024 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan Court of Appeal decision in Miller v Miller Estate, 2024 SKCA 70, confronted the issue of when a party, who seeks to appeal a decision made by a Chambers judge, first requires leave to appeal. For context, in order to appeal certain decisions...
by Saskatchewan Estate Law Blog | Jul 9, 2024 | Challenges to Validity of Wills, SK Estate Law Blog
This post discusses the recent decision of the Court of Appeal for Saskatchewan in Walker v Hunter, 2024 SKCA 34. This decision offers an illustration of when a lawsuit may be struck out, on the basis that it is statute barred (i.e. commenced too late). Such a...
by Saskatchewan Estate Law Blog | May 9, 2024 | Challenges to Validity of Wills, SK Estate Law Blog
This guest post was contributed by Curtis Clavelle. Curtis practices family law with Robertson Stromberg LLP. Most parents intend to leave at least a portion of their estates to their children. What some parents may not realize is that the inheritance they leave their...
by Saskatchewan Estate Law Blog | Jun 28, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan Court of King’s Bench decision in Riben Estate (Re), 2023 SKKB 72 offers a reminder that a will challenger who alleges coercion must offer direct evidence to actually prove that pressure resulted in the creation of the challenged will. If they...
by Saskatchewan Estate Law Blog | May 16, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan Court of Appeal decision in Bell v Bell, 2023 SKCA 53 upheld a Court of Queen’s Bench decision, in which a Chambers Judge had dismissed a will challenge. Factual background: In his application in Queen’s Bench, Wayne Bell had challenged the...
by Saskatchewan Estate Law Blog | Mar 1, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan King’s Bench decision in Vaudreuil v Madson is an example of a testamentary document in which a trial was required to determine its validity. This was because of contradictory evidence which had been adduced as to require findings of...
