Latest Articles
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: 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: Levesque v Klarenbach, 2024 SKKB 130
The recent Saskatchewan King’s Bench decision in Levesque v Klarenbach, offers a reminder of the limits that some judges may impose on an application to compel disclosure from a power of attorney.Background: The background of Levesque involved the below facts: Darlene...
Saskatchewan Estate Litigation Update: Miller v Miller Estate, 2024 SKCA 70
The recent Saskatchewan Court of Appeal decision in Miller v Miller Estate, 2024 SKCA 70, confronted the issue of when a party, who seeks to appeal a decision made by a Chambers judge, first requires leave to appeal. For context, in order to appeal certain decisions...
Saskatchewan Estate Litigation Update: Walker v Hunter, 2024 SKCA 34
This post discusses the recent decision of the Court of Appeal for Saskatchewan in Walker v Hunter, 2024 SKCA 34. This decision offers an illustration of when a lawsuit may be struck out, on the basis that it is statute barred (i.e. commenced too late). Such a...
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,...
Protecting Estate Inheritances from Family Law Claims
This guest post was contributed by Curtis Clavelle. Curtis practices family law with Robertson Stromberg LLP. Most parents intend to leave at least a portion of their estates to their children. What some parents may not realize is that the inheritance they leave their...
Saskatchewan Estate Litigation Update: Hunt v Hunt, 2023 SKKB 190
The recent Saskatchewan King’s Bench decision in Hunt v Hunt, 2023 SKKB 190 confronted a rather unique circumstance. The question was whether an executor who has renounced her right to probate an estate, can later rescind that renunciation. In the situation in Hunt,...
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...
Saskatchewan Estate Litigation Update: Gibb Estate (Re), 2023 SKKB 34
The recent Saskatchewan King’s Bench decision in Gibb Estate (Re), is an example of the Court’s ability to render a document effective as a testamentary document, even if said document was executed without all the formal requirements of the Wills Act, 1996.Factual...
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: Riben Estate (Re), 2023 SKKB 72
The recent Saskatchewan Court of King’s Bench decision in Riben Estate (Re), 2023 SKKB 72 offers a reminder that a will challenger who alleges coercion must offer direct evidence to actually prove that pressure resulted in the creation of the challenged will. If they...
Saskatchewan Estate Litigation Update: Armstrong v Lee Grant, 2023 SKKB 111
The recent Saskatchewan Court of King’s Bench decision in Armstrong v Lee Grant, 2023 SKKB 111 involved the question of when a trust beneficiary can attempt to unilaterally collapse a trust, and demand property from the trust immediately.Factual background: The...
Saskatchewan Estate Litigation Update: Bell v Bell, 2023 SKCA 53
The recent Saskatchewan Court of Appeal decision in Bell v Bell, 2023 SKCA 53 upheld a Court of Queen’s Bench decision, in which a Chambers Judge had dismissed a will challenge.Factual background: In his application in Queen’s Bench, Wayne Bell had challenged the will...
Saskatchewan Estate Litigation Update: Vaudreuil v Madson, 2023 SKKB 19
The recent Saskatchewan King’s Bench decision in Vaudreuil v Madson is an example of a testamentary document in which a trial was required to determine its validity. This was because of contradictory evidence which had been adduced as to require findings of...
Saskatchewan Estate Litigation Update: Kuffner v. Jacques, 2023 SKKB 14
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: 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: Bell v Bell, 2022 SKQB 198
The recent Saskatchewan Queen’s Bench decision in Bell v Bell, 2022 SKQB 198 is an example of a Will challenge which did not succeed in raising a genuine issue for trial. Bell reminds us that Courts will generally require firsthand evidence of incapacity or of...
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...