Issue Involving Executors
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,...
Saskatchewan Estate Litigation Update: Kaushik v Kaushik, 2022 SKQB 135
The recent Saskatchewan Queen’s Bench decision in Kaushik v Kaushik, 2022 SKQB 135, offers an overview of a situation in which multiple persons concurrently seek to be appointed as the sole administrator of an Estate.Overview: Sadhna Kaushik applied for appointment as...
Saskatchewan Estate Litigation Update: Choquette v Viczko, 2021 SKQB 167
The recent decision in Choquette v Viczko, 2021 SKQB 167, offers a new interpretation of s. 50.5 of the Administration of Estates Act (“Act”).Background: Under s. 50.5 of the Act, if an executor sells land to which a beneficiary is beneficially entitled, the executor...
Saskatchewan Estate Litigation Update: Campbell v. Cooper, 2017 Carswell Sask 334, 2017 SKCA 55
This article offers a case comment on a 2017 Saskatchewan decision, Campbell v. Cooper. The decision reminds us that beneficiaries who have been wronged by an executor should remember to begin an action within 2 years of when they discover said wrong.Facts: The...
Saskatchewan Estate Litigation Update: Hayes v Swift, 2021 SKQB 132
The recent decision in Hayes v Swift, 2021 SKQB 132 offers a reminder that beneficiaries should ensure they have real evidence of executor wrongdoing before they bring a court application against an executor. Facts: The testator, Bernard William Hayes, had passed...
Saskatchewan Estate Litigation Update: Whelan v Chaszewski, 2021 SKQB 286
The recent decision in Whelan v Chaszewski, 2021 SKQB 286 offers guidance for a situation in which two competing parties want to be appointed to administer an estate. The lesson from Whelan is that a court will not generally appoint a party who has a potential...
Funeral expenses: Why executors should pay them promptly
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...
Saskatchewan Estate Litigation Update: Choquette v Viczko, 2021 SKQB 167
The recent case of Choquette v Viczko offers guidance on when an executor is required to seek a beneficiary’s consent to sell land. It also explains when no such consent is needed. Facts: Joseph Viczko died on September 10, 2011. In his September 24, 2010, will he...
Saskatchewan Estate Litigation Update: Bryant Estate v Stuart, 2021 SKCA 54
A recent case from the Saskatchewan Court of Appeal clarifies that a beneficiary who seeks an estate accounting is not required to show possible wrongdoing by the trustee before an accounting can be ordered. Background: The late Franklin Bryant was a beneficiary under...