Estate Administration or Will Interpretation
Case comment: Krell Estate v Knoch, 2026 SKKB 51
James Steele and Sarah Grieve, Robertson Stromberg LLPThe Saskatchewan decision in Krell Estate v Knoch, 2026 SKKB 51 is a useful reminder that small drafting choices can have significant consequences in estate administration, particularly where a will creates a life...
Case comment: Thorne v Thorne, 2026 SKKB 40
The Saskatchewan decision in Thorne v Thorne, 2026 SKKB 40, considered when the Court will remove an administrator and appoint a replacement administrator.Factual Background: The Deceased died on March 25, 2018, leaving an estate that included farmland held as tenants...
Case comment: Marzolf v Marzolf, 2025 SKKB 214
The Saskatchewan decision in Marzolf v Marzolf, 2025 SKKB 214 considered when the Court will approve a sale of Estate farmland over the non-consent of certain beneficiaries.Factual Background: Dorothy Marzolf passed away on February 3, 2024, leaving an estate...
Case comment: Boire v Boire, 2025 SKKB 150 (CanLII)
The recent Saskatchewan decision in Boire v Boire, 2025 SKKB 150 reminds us of the importance of properly documenting an express trust when adding third parties to title. In Boire there was sufficient evidence of a trust interest as to permit the Court to summarily...
Saskatchewan Estate Litigation Update: The Estate of Fedyk v Karmarznuk, 2025 SKKB 50
The recent Saskatchewan King’s Bench decision in The Estate of Fedyk v Karmarznuk (“Fedyk Estate”) offers a helpful overview of what evidence a Court is allowed to consider when interpreting a will. Fedyk Estate reminds us of two distinct types of evidence which may...
Saskatchewan Estate Litigation Update: Mang v. Hofer, 2025 CarswellSask 85, 2025 SKKB 21
The recent Saskatchewan King’s Bench decision in Mang v. Hofer offers a reminder of the threshold criteria that an applicant must meet in order to become the administrator of an intestate estate. For context, when a deceased dies without a will their estate falls into...
Saskatchewan Estate Litigation Update: Reader Estate v. Reader, 2024 CarswellSask 522, 2024 SKKB 212
The recent Saskatchewan King’s Bench decision in Reader Estate v. Reader demonstrated the Court’s power to rectify a Will where a drafting error threatened to defeat the intention of the testator.Background: The factual background in Reader Estate included the below:...
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,...