by Saskatchewan Estate Law Blog | Oct 13, 2023 | Issue involving Executors, SK Estate Law Blog
The recent Saskatchewan King’s Bench decision in Hunt v Hunt, 2023 SKKB 190 confronted a rather unique circumstance. The question was whether an executor who has renounced her right to probate an estate, can later rescind that renunciation. In the situation in Hunt,...
by Saskatchewan Estate Law Blog | Aug 31, 2023 | Issue involving Executors, SK Estate Law Blog
The recent Saskatchewan Court of Appeal decision in Klaptchuk v Johnson is a reminder of the principle of devastavit, which forbids an executor from distributing estate assets in disregard of a creditor’s outstanding claim against the estate. That said, Klaptchuk...
by Ben Lamothe | Aug 26, 2023 | Issue involving Executors, SK Estate Law Blog
The recent Saskatchewan King’s Bench decision in Kowalinski v Kowalinski (Estate) is an example of how some estates can devolve into bitter quarrelling between the children of a deceased. Factual background: This matter arose out of the Estate of Maria Kowalinski...
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 | 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,...