by Saskatchewan Estate Law Blog | Sep 19, 2023 | Estate Administration or Will Interpretation, SK Estate Law Blog
The recent Saskatchewan King’s Bench decision in Gibb Estate (Re), is an example of the Court’s ability to render a document effective as a testamentary document, even if said document was executed without all the formal requirements of the Wills Act, 1996. Factual...
by Saskatchewan Estate Law Blog | Jun 22, 2023 | Estate Administration or Will Interpretation, SK Estate Law Blog
The recent Saskatchewan Court of King’s Bench decision in Armstrong v Lee Grant, 2023 SKKB 111 involved the question of when a trust beneficiary can attempt to unilaterally collapse a trust, and demand property from the trust immediately. Factual background: The...
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 | 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 | Jan 7, 2022 | Estate Administration or Will Interpretation, SK Estate Law Blog
I practise in the area of estate litigation and am often reminded of the importance of having a clearly drafted Will. A good recent example comes from the decision in Poole v Dailey, 2020 SKQB 226. The deceased had left his estate between his two children, Brian and...
