by Saskatchewan Estate Law Blog | Jun 14, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
A 2020 decision from the British Columbia Supreme Court makes clear that an agreement to leave a gift in one’s will, is a binding agreement. As such, if one breaches that agreement, the person can be held liable even during their life. In Munro v James, 2020 BCSC...
by Saskatchewan Estate Law Blog | May 12, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
A very useful lesson comes in the recent Saskatchewan decision in Nelson v Wagner. The decision offers guidance on when a court will override claims of solicitor-client privilege, and disclose the file of the solicitor who dealt with a testator. In Nelson, the...
by Saskatchewan Estate Law Blog | Apr 22, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog
Today’s post comes from Estate Law Canada, a well-known estate law blog. The article talks about an asset (e.g. a car or home) that may be named in the Will to go to a certain person, but then at the time of death is already subject to an agreement for sale. When the...
by Saskatchewan Estate Law Blog | Apr 15, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
A recent case from the Saskatchewan Court of Appeal, reminds us that a Chambers judge cannot decide conflicting evidence on the basis of affidavits. Rather, any weighing of credibility must wait for the later trial. The case in McStay arose out of a will...
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 | Apr 1, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog
Many people like to add the name of a child, or children, to their home. The hope is to avoid probate fees on the death of the parent, and have the asset go directly to the children. However, before you make this decision, be aware of the following potential danger:...
