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 | 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...