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...
by Saskatchewan Estate Law Blog | Jul 30, 2021 | Issue involving Executors, SK Estate Law Blog
The recent case of Choquette v Viczko offers guidance on when an executor is required to seek a beneficiary’s consent to sell land. It also explains when no such consent is needed. Facts: Joseph Viczko died on September 10, 2011. In his September 24, 2010, will he...
by Saskatchewan Estate Law Blog | Jul 12, 2021 | Issue involving Executors, SK Estate Law Blog
A recent case from the Saskatchewan Court of Appeal clarifies that a beneficiary who seeks an estate accounting is not required to show possible wrongdoing by the trustee before an accounting can be ordered. Background: The late Franklin Bryant was a beneficiary under...
by Saskatchewan Estate Law Blog | Apr 7, 2021 | Issue involving Executors, SK Estate Law Blog
Today’s post is a link to an article previously posted on a blog operated by Wagner Sidlofsky, a well-known Toronto estate law firm. The article reminds executors that they can face liability if they fail to supervise their co-executor. This is illustrated by the...
