by Saskatchewan Estate Law Blog | Sep 19, 2023 | Estate Administration or Will Interpretation, SK Estate Law Blog
The recent Saskatchewan King’s Bench decision in Gibb Estate (Re), is an example of the Court’s ability to render a document effective as a testamentary document, even if said document was executed without all the formal requirements of the Wills Act, 1996. Factual...
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 | Jun 28, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan Court of King’s Bench decision in Riben Estate (Re), 2023 SKKB 72 offers a reminder that a will challenger who alleges coercion must offer direct evidence to actually prove that pressure resulted in the creation of the challenged will. If they...
by Saskatchewan Estate Law Blog | Jun 22, 2023 | Estate Administration or Will Interpretation, SK Estate Law Blog
The recent Saskatchewan Court of King’s Bench decision in Armstrong v Lee Grant, 2023 SKKB 111 involved the question of when a trust beneficiary can attempt to unilaterally collapse a trust, and demand property from the trust immediately. Factual background: The...
by Saskatchewan Estate Law Blog | May 16, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan Court of Appeal decision in Bell v Bell, 2023 SKCA 53 upheld a Court of Queen’s Bench decision, in which a Chambers Judge had dismissed a will challenge. Factual background: In his application in Queen’s Bench, Wayne Bell had challenged the...
