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Saskatchewan Estate Litigation Update: Whelan v Chaszewski, 2021 SKQB 286

Saskatchewan Estate Litigation Update: Whelan v Chaszewski, 2021 SKQB 286

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...
Saskatchewan Estate Litigation Update: Vance (Re), 2021 SKQB 320

Saskatchewan Estate Litigation Update: Vance (Re), 2021 SKQB 320

by Saskatchewan Estate Law Blog | Dec 30, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog

The recent decision in Vance (Re), 2021 SKQB 320, reminds us of the importance of keeping our wills updated. The application in Vance was brought by De-Anna Lynn Bailey, in relation to the estate of her nephew, James Benjamin Gilbert Vance (“Deceased”). Background To...
Funeral expenses: Why executors should pay them promptly

Funeral expenses: Why executors should pay them promptly

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...
Saskatchewan Estate Litigation Update: Nicklen Estate, 2021 SKQB 208

Saskatchewan Estate Litigation Update: Nicklen Estate, 2021 SKQB 208

by Saskatchewan Estate Law Blog | Sep 1, 2021 | Challenges to Validity of Wills, SK Estate Law Blog

The recent Saskatchewan decision in Nicklen Estate offers a reminder of the importance of making changes to your will while you still can. If you draft “notes to self” but postpone actual changes to your will, it may be too late. Background A will was executed by the...
Saskatchewan Estate Litigation Update: Fraser v Mountstephen, 2021 SKQB 192

Saskatchewan Estate Litigation Update: Fraser v Mountstephen, 2021 SKQB 192

by Saskatchewan Estate Law Blog | Aug 25, 2021 | Challenges to Validity of Wills, SK Estate Law Blog

The recent case of Fraser v Mountstephen offers reminder that not every irregularity with a Will can justify subjecting that Will to litigation. Background Blair Fraser died without children. He named a friend, Lori Ann Mountstephen, as Executrix. He left his entire...
Saskatchewan Estate Litigation Update: Choquette v Viczko, 2021 SKQB 167

Saskatchewan Estate Litigation Update: Choquette v Viczko, 2021 SKQB 167

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...
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Recent Posts

  • Saskatchewan Estate Litigation Update: Kaushik v Kaushik, 2022 SKQB 135
  • Saskatchewan Estate Litigation Update: McCabe v Kowalyshyn, 2022 SKCA 56
  • Saskatchewan Estate Litigation Update: Choquette v Viczko, 2021 SKQB 167
  • Saskatchewan Estate Litigation Update: Campbell v. Cooper, 2017 Carswell Sask 334, 2017 SKCA 55
  • National Post article on poorly drafted wills

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