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...
by Saskatchewan Estate Law Blog | Mar 19, 2021 | Issue involving Executors, SK Estate Law Blog
Typically, executor compensation will be governed in one of three ways: By a specific term in the Will, setting out a compensation percentage (these terms rarely exist however); By the agreement of the beneficiary (this is most common) If the beneficiary and executor...
by Saskatchewan Estate Law Blog | Mar 19, 2021 | Issue involving Executors, SK Estate Law Blog
Solicitor-client privilege means communications between a lawyer and a client, are confidential. Thus, if a third party wants to see what a client told their lawyer when seeking advice, the court will not allow this. However, there exists a “wills exception” to...
by Saskatchewan Estate Law Blog | Nov 9, 2020 | Issue involving Executors, SK Estate Law Blog
An interesting lesson for executors comes from the recent Saskatchewan decision in Goby v Frederick, 2020 SKQB 201 Wayne Frederick passed away. His will appointed his sister, Shirley Frederick, to be the executrix of his estate. Shirley obtained letter probate....
