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Saskatchewan Estate Litigation Update: Vance (Re), 2021 SKQB 320

Saskatchewan Estate Litigation Update: Vance (Re), 2021 SKQB 320

by Saskatchewan Estate Law Blog | Dec 30, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog

The recent decision in Vance (Re), 2021 SKQB 320, reminds us of the importance of keeping our wills updated. The application in Vance was brought by De-Anna Lynn Bailey, in relation to the estate of her nephew, James Benjamin Gilbert Vance (“Deceased”). Background To...
Funeral expenses: Why executors should pay them promptly

Funeral expenses: Why executors should pay them promptly

by Saskatchewan Estate Law Blog | Oct 14, 2021 | Estate Administration or Will Interpretation, Issue involving Executors, SK Estate Law Blog

This article discusses the payment of funeral expenses out of an estate, and why executors should pay them promptly. The first reason is practical. After death, the funeral home is often the first to provide a service to the estate. It disposes of the body in a safe...
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...
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