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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...
What if the will gives away an asset that is subject to an agreement for sale?

What if the will gives away an asset that is subject to an agreement for sale?

by Saskatchewan Estate Law Blog | Apr 22, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog

Today’s post comes from Estate Law Canada, a well-known estate law blog. The article talks about an asset (e.g. a car or home) that may be named in the Will to go to a certain person, but then at the time of death is already subject to an agreement for sale. When the...
The potential dangers of adding children as joint tenants

The potential dangers of adding children as joint tenants

by Saskatchewan Estate Law Blog | Apr 1, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog

Many people like to add the name of a child, or children, to their home. The hope is to avoid probate fees on the death of the parent, and have the asset go directly to the children. However, before you make this decision, be aware of the following potential danger:...
Estate Litigation Update – Thorne v Thorne

Estate Litigation Update – Thorne v Thorne

by Saskatchewan Estate Law Blog | Feb 5, 2021 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog

A recent case of the Saskatchewan Court of Queen Bench offers the following lesson: the Court’s power to “fix” clerical mistakes in Wills, may not necessarily be ordered if there are deeper concerns about the testator’s actual testamentary intentions. Section 37 of...
Estate Planning: Starting 2021 on the Right Foot

Estate Planning: Starting 2021 on the Right Foot

by Saskatchewan Estate Law Blog | Jan 29, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog

Ah, January. A new year, a new start. This year, more than any other, people are putting 2020 behind them with ‘extreme prejudice’, and planning for a much different and much better year ahead. Some will be giving up sugar, others will take up running, or tackling...
Saskatchewan Estate Litigation Update

Saskatchewan Estate Litigation Update

by Saskatchewan Estate Law Blog | Oct 5, 2020 | Estate Administration or Will Interpretation, SK Estate Law Blog

An interesting recent estate litigation decision out of Saskatchewan is Leason v Malcolm, 2020 SKQB 102. Leason reminds us that once a  bequest is vested, it may not be divested. In other words, if a beneficiary survives the testator, but the beneficiary then dies...
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Recent Posts

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