by Saskatchewan Estate Law Blog | Sep 8, 2022 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, Issue involving Executors, SK Estate Law Blog
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...
by Saskatchewan Estate Law Blog | Jul 25, 2022 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, Issue involving Executors, SK Estate Law Blog
The recent Saskatchewan Court of Appeal decision in Martin v Martin, 2022 SKCA 79 offers a reminder of the litigation which can ensue when a person puts another family member on title, and a dispute later arises as to whether that person holds beneficial title, or,...
by Saskatchewan Estate Law Blog | May 27, 2022 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Court of Appeal decision in McCabe v Kowalyshyn, 2022 SKCA 56, offers various lessons to Estate litigators. These include: The reality that court approvals of Estate land sales, under s. 50.5 of The Administration of Estates Act, SS 1998, c A-4.1, do not...
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...
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...
