Estate Administration or Will Interpretation
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,...
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...