by Saskatchewan Estate Law Blog | Mar 19, 2021 | Issue involving Executors, SK Estate Law Blog
Solicitor-client privilege means communications between a lawyer and a client, are confidential. Thus, if a third party wants to see what a client told their lawyer when seeking advice, the court will not allow this. However, there exists a “wills exception” to...
by Saskatchewan Estate Law Blog | Feb 5, 2021 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog
A recent case of the Saskatchewan Court of Queen Bench offers the following lesson: the Court’s power to “fix” clerical mistakes in Wills, may not necessarily be ordered if there are deeper concerns about the testator’s actual testamentary intentions. Section 37 of...
by Saskatchewan Estate Law Blog | Jan 29, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog
Ah, January. A new year, a new start. This year, more than any other, people are putting 2020 behind them with ‘extreme prejudice’, and planning for a much different and much better year ahead. Some will be giving up sugar, others will take up running, or tackling...
by Saskatchewan Estate Law Blog | Nov 9, 2020 | Issue involving Executors, SK Estate Law Blog
An interesting lesson for executors comes from the recent Saskatchewan decision in Goby v Frederick, 2020 SKQB 201 Wayne Frederick passed away. His will appointed his sister, Shirley Frederick, to be the executrix of his estate. Shirley obtained letter probate....
by Saskatchewan Estate Law Blog | Oct 23, 2020 | Challenges to Validity of Wills, SK Estate Law Blog
More and more wills are being contested in Saskatchewan each year. And the sad truth is that many challenges are avoidable if the will-maker had done one or both of the below things: Hired a lawyer to draft their will, and keep good notes of their instructions; Told...
by Saskatchewan Estate Law Blog | Oct 5, 2020 | Estate Administration or Will Interpretation, SK Estate Law Blog
An interesting recent estate litigation decision out of Saskatchewan is Leason v Malcolm, 2020 SKQB 102. Leason reminds us that once a bequest is vested, it may not be divested. In other words, if a beneficiary survives the testator, but the beneficiary then dies...
