Issue Involving Executors
Saskatchewan Estate Litigation Update: Klaptchuk v Johnson, 2023 SKCA 25
The recent Saskatchewan Court of Appeal decision in Klaptchuk v Johnson is a reminder of the principle of devastavit, which forbids an executor from distributing estate assets in disregard of a creditor’s outstanding claim against the estate. That said, Klaptchuk...
Saskatchewan Estate Litigation Update: Kowalinski v Kowalinski (Estate), 2023 SKKB 131
The recent Saskatchewan King’s Bench decision in Kowalinski v Kowalinski (Estate) is an example of how some estates can devolve into bitter quarrelling between the children of a deceased.Factual background: This matter arose out of the Estate of Maria Kowalinski...
Saskatchewan Estate Litigation Update: Nagy v. Graves, 2022 CarswellSask 590, 2022 SKKB 257
The recent Saskatchewan Queen’s Bench decision in Nagy v. Graves reminds us that a Court will often remove executors who are guilty of extreme delay in administering an Estate.Factual background: The factual background in Nagy was as follows: Nine siblings of the Nagy...
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...