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National Post article on poorly drafted wills

National Post article on poorly drafted wills

by Saskatchewan Estate Law Blog | Feb 16, 2022 | Challenges to Validity of Wills, SK Estate Law Blog

A recent article from the National Post underscores how important it is to ensure that your Will is up to date and that it is well-drafted. I do not personally draft wills, as I focus on estate litigation disputes. However, I have seen firsthand that a homemade will...
Saskatchewan Estate Litigation Update: Nicklen Estate, 2021 SKQB 208

Saskatchewan Estate Litigation Update: Nicklen Estate, 2021 SKQB 208

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...
Saskatchewan Estate Litigation Update: Fraser v Mountstephen, 2021 SKQB 192

Saskatchewan Estate Litigation Update: Fraser v Mountstephen, 2021 SKQB 192

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...
Rebutting the Presumption of Resulting Trust – A Refresher

Rebutting the Presumption of Resulting Trust – A Refresher

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...
Estate Litigation Update: Munro v James, 2020 BCSC 1348

Estate Litigation Update: Munro v James, 2020 BCSC 1348

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...
Saskatchewan Estate Litigation Update: Nelson v Wagner, 2021 SKQB 113

Saskatchewan Estate Litigation Update: Nelson v Wagner, 2021 SKQB 113

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...
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Recent Posts

  • Saskatchewan Estate Litigation Update: Choquette v Viczko, 2021 SKQB 167
  • Saskatchewan Estate Litigation Update: Campbell v. Cooper, 2017 Carswell Sask 334, 2017 SKCA 55
  • National Post article on poorly drafted wills
  • Estate Litigation Update: Poole v Dailey, 2020 SKQB 226
  • Saskatchewan Estate Litigation Update: Hayes v Swift, 2021 SKQB 132

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No blog post can substitute for a one-on-one discussion with a lawyer. The content on this blog is for general information only, and is not legal advice. For specific situations, readers must consult a lawyer.

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