by Saskatchewan Estate Law Blog | Feb 8, 2023 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog
The recent Saskatchewan King’s Bench decision in Kuffner v. Jacques offers guidance on when the merits of a will challenge can be decided in a summary fashion, as opposed to a full trial. Factual background: The factual background in Kuffner was as follows: The Will...
by Saskatchewan Estate Law Blog | Jan 3, 2023 | Challenges to Validity of Wills, Issue involving Executors, SK Estate Law Blog
The recent Saskatchewan Queen’s Bench decision in Nagy v. Graves reminds us that a Court will often remove executors who are guilty of extreme delay in administering an Estate. Factual background: The factual background in Nagy was as follows: Nine siblings of the...
by Saskatchewan Estate Law Blog | Nov 1, 2022 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan Queen’s Bench decision in Bell v Bell, 2022 SKQB 198 is an example of a Will challenge which did not succeed in raising a genuine issue for trial. Bell reminds us that Courts will generally require firsthand evidence of incapacity or of...
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...
