Estate Administration or Will Interpretation
Saskatchewan Estate Litigation Update: Bistretzan v Krpan, 2024 SKKB 199
The recent Saskatchewan King’s Bench decision in Bistretzan v Krpan, examined when a Court will order an attorney to provide a final accounting. The decision in Bistretzan offers a variety of lessons, which include: That the period of the accounting should cover only...
Saskatchewan Estate Litigation Update: Concentra Trust v Calvary United Church, 2024 SKKB 139
The recent Saskatchewan King’s Bench decision in Concentra Trust v Calvary United Church, displays the Court’s power to save a charitable gift in a Will, so that an estate gift still flows to another charitable object which closely resembles the testator’s original...
Saskatchewan Estate Litigation Update: Haines v Kuffner Estate, 2024 SKKB 51
The recent Saskatchewan King’s Bench decision in Haines v Kuffner Estate is an example of the Court’s ability to validate a document, which may not have been executed with all the normal formalities. This flexibility offers the ability to ensure, as far as possible,...
Saskatchewan Estate Litigation Update: Gilchrist v Gilchrist, 2023 SKKB 187
The recent Saskatchewan King’s Bench decision in Gilchrist v Gilchrist, 2023 SKKB 187 offers a reminder of the importance of updating your will. If you do not update your will, and certain beneficiaries named in your will have died before you, the legal outcome may be...
Saskatchewan Estate Litigation Update: Gibb Estate (Re), 2023 SKKB 34
The recent Saskatchewan King’s Bench decision in Gibb Estate (Re), is an example of the Court’s ability to render a document effective as a testamentary document, even if said document was executed without all the formal requirements of the Wills Act, 1996.Factual...
Saskatchewan Estate Litigation Update: Armstrong v Lee Grant, 2023 SKKB 111
The recent Saskatchewan Court of King’s Bench decision in Armstrong v Lee Grant, 2023 SKKB 111 involved the question of when a trust beneficiary can attempt to unilaterally collapse a trust, and demand property from the trust immediately.Factual background: The...
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: 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...
Saskatchewan Estate Litigation Update: Martin v Martin, 2022 SKCA 79
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,...
Estate Litigation Update: Poole v Dailey, 2020 SKQB 226
I practise in the area of estate litigation and am often reminded of the importance of having a clearly drafted Will. A good recent example comes from the decision in Poole v Dailey, 2020 SKQB 226. The deceased had left his estate between his two children, Brian and...