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...
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 27, 2021 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog
Today’s post comes from Wagner Sidlofsky LLP, a well-known estate law blog. The article talks about the importance of creating a contemporaneous evidentiary record of a parent’s intention when gifting property to their adult children. If a parent places an adult...
by Saskatchewan Estate Law Blog | Jul 15, 2021 | Powers of Attorney, SK Estate Law Blog
Today’s post comes from Estate Law Canada, a well-known estate law blog. The article talks about the importance of having a power of attorney in place. If you are elderly and lose capacity without first having a signed power of attorney in place, then your family will...
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 | 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...
