by Saskatchewan Estate Law Blog | Feb 16, 2022 | Challenges to Validity of Wills, SK Estate Law Blog
A recent article from the National Post underscores how important it is to ensure that your Will is up to date and that it is well-drafted. I do not personally draft wills, as I focus on estate litigation disputes. However, I have seen firsthand that a homemade will...
by Saskatchewan Estate Law Blog | Jan 7, 2022 | Estate Administration or Will Interpretation, SK Estate Law Blog
I practise in the area of estate litigation and am often reminded of the importance of having a clearly drafted Will. A good recent example comes from the decision in Poole v Dailey, 2020 SKQB 226. The deceased had left his estate between his two children, Brian and...
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 | 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...
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...
