Estate Administration or Will Interpretation

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: 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,...

Estate Litigation Update: Poole v Dailey, 2020 SKQB 226
Jan 7, 2022 | Estate Administration or Will Interpretation, SK Estate Law Blog
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...

Saskatchewan Estate Litigation Update: Vance (Re), 2021 SKQB 320
Dec 30, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog
The recent decision in Vance (Re), 2021 SKQB 320, reminds us of the importance of keeping our wills updated. The application in Vance was brought by De-Anna Lynn Bailey, in relation to the estate of her nephew, James Benjamin Gilbert Vance (“Deceased”). Background To...

Funeral expenses: Why executors should pay them promptly
Oct 14, 2021 | Estate Administration or Will Interpretation, Issue involving Executors, SK Estate Law Blog
This article discusses the payment of funeral expenses out of an estate, and why executors should pay them promptly. The first reason is practical. After death, the funeral home is often the first to provide a service to the estate. It disposes of the body in a safe...

Rebutting the Presumption of Resulting Trust – A Refresher
Jul 27, 2021 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog
Today’s post comes from Wagner Sidlofsky LLP, a well-known estate law blog. The article talks about the importance of creating a contemporaneous evidentiary record of a parent’s intention when gifting property to their adult children. If a parent places an adult...

What if the will gives away an asset that is subject to an agreement for sale?
Apr 22, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog
Today’s post comes from Estate Law Canada, a well-known estate law blog. The article talks about an asset (e.g. a car or home) that may be named in the Will to go to a certain person, but then at the time of death is already subject to an agreement for sale. When the...

The potential dangers of adding children as joint tenants
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:...

Estate Litigation Update – Thorne v Thorne
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...