Challenges to Validity of Wills

Saskatchewan Estate Litigation Update: Riben Estate (Re), 2023 SKKB 72
Jun 28, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
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
May 16, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
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
Mar 1, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
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
Feb 8, 2023 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog
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
Jan 3, 2023 | Challenges to Validity of Wills, Issue involving Executors, SK Estate Law Blog
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
Nov 1, 2022 | Challenges to Validity of Wills, SK Estate Law Blog
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
Sep 8, 2022 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, Issue involving Executors, SK Estate Law Blog
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...

Saskatchewan Estate Litigation Update: Martin v Martin, 2022 SKCA 79
Jul 25, 2022 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, Issue involving Executors, SK Estate Law Blog
The recent Saskatchewan Court of Appeal decision in Martin v Martin, 2022 SKCA 79 offers a reminder of the litigation which can ensue when a person puts another family member on title, and a dispute later arises as to whether that person holds beneficial title, or,...

Saskatchewan Estate Litigation Update: McCabe v Kowalyshyn, 2022 SKCA 56
May 27, 2022 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Court of Appeal decision in McCabe v Kowalyshyn, 2022 SKCA 56, offers various lessons to Estate litigators. These include: The reality that court approvals of Estate land sales, under s. 50.5 of The Administration of Estates Act, SS 1998, c A-4.1, do not...

National Post article on poorly drafted wills
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...