by Saskatchewan Estate Law Blog | Jun 23, 2022 | Issue involving Executors, SK Estate Law Blog
The recent Saskatchewan Queen’s Bench decision in Kaushik v Kaushik, 2022 SKQB 135, offers an overview of a situation in which multiple persons concurrently seek to be appointed as the sole administrator of an Estate. Overview: Sadhna Kaushik applied for appointment...
by Ben Lamothe | May 5, 2022 | Issue involving Executors, Uncategorized
The recent decision in Choquette v Viczko, 2021 SKQB 167, offers a new interpretation of s. 50.5 of the Administration of Estates Act (“Act”). Background: Under s. 50.5 of the Act, if an executor sells land to which a beneficiary is beneficially entitled, the executor...
by Saskatchewan Estate Law Blog | Mar 2, 2022 | Issue involving Executors, SK Estate Law Blog
This article offers a case comment on a 2017 Saskatchewan decision, Campbell v. Cooper. The decision reminds us that beneficiaries who have been wronged by an executor should remember to begin an action within 2 years of when they discover said wrong. Facts: The...
by Saskatchewan Estate Law Blog | Jan 6, 2022 | Issue involving Executors, SK Estate Law Blog
The recent decision in Hayes v Swift, 2021 SKQB 132 offers a reminder that beneficiaries should ensure they have real evidence of executor wrongdoing before they bring a court application against an executor. Facts: The testator, Bernard William Hayes, had passed...
by Saskatchewan Estate Law Blog | Jan 3, 2022 | Issue involving Executors, SK Estate Law Blog
The recent decision in Whelan v Chaszewski, 2021 SKQB 286 offers guidance for a situation in which two competing parties want to be appointed to administer an estate. The lesson from Whelan is that a court will not generally appoint a party who has a potential...
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...