Challenges to Validity of Wills
Saskatchewan Estate Litigation Update: Miller v Miller Estate, 2024 SKCA 70
The recent Saskatchewan Court of Appeal decision in Miller v Miller Estate, 2024 SKCA 70, confronted the issue of when a party, who seeks to appeal a decision made by a Chambers judge, first requires leave to appeal. For context, in order to appeal certain decisions...
Saskatchewan Estate Litigation Update: Walker v Hunter, 2024 SKCA 34
This post discusses the recent decision of the Court of Appeal for Saskatchewan in Walker v Hunter, 2024 SKCA 34. This decision offers an illustration of when a lawsuit may be struck out, on the basis that it is statute barred (i.e. commenced too late). Such a...
Protecting Estate Inheritances from Family Law Claims
This guest post was contributed by Curtis Clavelle. Curtis practices family law with Robertson Stromberg LLP. Most parents intend to leave at least a portion of their estates to their children. What some parents may not realize is that the inheritance they leave their...
Saskatchewan Estate Litigation Update: Riben Estate (Re), 2023 SKKB 72
The recent Saskatchewan Court of King’s Bench decision in Riben Estate (Re), 2023 SKKB 72 offers a reminder that a will challenger who alleges coercion must offer direct evidence to actually prove that pressure resulted in the creation of the challenged will. If they...
Saskatchewan Estate Litigation Update: Bell v Bell, 2023 SKCA 53
The recent Saskatchewan Court of Appeal decision in Bell v Bell, 2023 SKCA 53 upheld a Court of Queen’s Bench decision, in which a Chambers Judge had dismissed a will challenge.Factual background: In his application in Queen’s Bench, Wayne Bell had challenged the will...
Saskatchewan Estate Litigation Update: Vaudreuil v Madson, 2023 SKKB 19
The recent Saskatchewan King’s Bench decision in Vaudreuil v Madson is an example of a testamentary document in which a trial was required to determine its validity. This was because of contradictory evidence which had been adduced as to require findings of...
Saskatchewan Estate Litigation Update: Kuffner v. Jacques, 2023 SKKB 14
The recent Saskatchewan King’s Bench decision in Kuffner v. Jacques offers guidance on when the merits of a will challenge can be decided in a summary fashion, as opposed to a full trial.Factual background: The factual background in Kuffner was as follows: The Will...
Saskatchewan Estate Litigation Update: Nagy v. Graves, 2022 CarswellSask 590, 2022 SKKB 257
The recent Saskatchewan Queen’s Bench decision in Nagy v. Graves reminds us that a Court will often remove executors who are guilty of extreme delay in administering an Estate.Factual background: The factual background in Nagy was as follows: Nine siblings of the Nagy...
Saskatchewan Estate Litigation Update: Bell v Bell, 2022 SKQB 198
The recent Saskatchewan Queen’s Bench decision in Bell v Bell, 2022 SKQB 198 is an example of a Will challenge which did not succeed in raising a genuine issue for trial. Bell reminds us that Courts will generally require firsthand evidence of incapacity or of...
Saskatchewan Estate Litigation Update: Peters (Estate) (Re), 2022 SKQB 186
The recent Saskatchewan Queen’s Bench decision in Peters (Estate) (Re), 2022 SKQB 186 prohibits the practice of altering an affidavit without actually re-swearing it.Factual background: The background facts in Peters can be described as follows: Antonia Peters died on...