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:...
by Saskatchewan Estate Law Blog | Mar 19, 2021 | Issue involving Executors, SK Estate Law Blog
Typically, executor compensation will be governed in one of three ways: By a specific term in the Will, setting out a compensation percentage (these terms rarely exist however); By the agreement of the beneficiary (this is most common) If the beneficiary and executor...
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....
