Latest Articles
Saskatchewan Estate Litigation Update: Nicklen Estate, 2021 SKQB 208
The recent Saskatchewan decision in Nicklen Estate offers a reminder of the importance of making changes to your will while you still can. If you draft “notes to self” but postpone actual changes to your will, it may be too late.Background A will was executed by the...
Saskatchewan Estate Litigation Update: Fraser v Mountstephen, 2021 SKQB 192
The recent case of Fraser v Mountstephen offers reminder that not every irregularity with a Will can justify subjecting that Will to litigation. Background Blair Fraser died without children. He named a friend, Lori Ann Mountstephen, as Executrix. He left his entire...
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...
Rebutting the Presumption of Resulting Trust – A Refresher
Today’s post comes from Wagner Sidlofsky LLP, a well-known estate law blog. The article talks about the importance of creating a contemporaneous evidentiary record of a parent’s intention when gifting property to their adult children. If a parent places an adult...
The difference between parental permission and legal authority
Today’s post comes from Estate Law Canada, a well-known estate law blog. The article talks about the importance of having a power of attorney in place. If you are elderly and lose capacity without first having a signed power of attorney in place, then your family will...
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...
Estate Litigation Update: Munro v James, 2020 BCSC 1348
A 2020 decision from the British Columbia Supreme Court makes clear that an agreement to leave a gift in one’s will, is a binding agreement. As such, if one breaches that agreement, the person can be held liable even during their life. In Munro v James, 2020 BCSC...
Saskatchewan Estate Litigation Update: Nelson v Wagner, 2021 SKQB 113
A very useful lesson comes in the recent Saskatchewan decision in Nelson v Wagner. The decision offers guidance on when a court will override claims of solicitor-client privilege, and disclose the file of the solicitor who dealt with a testator. In Nelson, the...
What if the will gives away an asset that is subject to an agreement for sale?
Today’s post comes from Estate Law Canada, a well-known estate law blog. The article talks about an asset (e.g. a car or home) that may be named in the Will to go to a certain person, but then at the time of death is already subject to an agreement for sale. When the...
Saskatchewan Estate Litigation Update: McStay v Berta Estate, 2021 SKCA 51
A recent case from the Saskatchewan Court of Appeal, reminds us that a Chambers judge cannot decide conflicting evidence on the basis of affidavits. Rather, any weighing of credibility must wait for the later trial. The case in McStay arose out of a will...
Can someone be held liable for the misdeeds of a co-executor?
Today’s post is a link to an article previously posted on a blog operated by Wagner Sidlofsky, a well-known Toronto estate law firm. The article reminds executors that they can face liability if they fail to supervise their co-executor. This is illustrated by the...
The potential dangers of adding children as joint tenants
Many people like to add the name of a child, or children, to their home. The hope is to avoid probate fees on the death of the parent, and have the asset go directly to the children. However, before you make this decision, be aware of the following potential danger:...
Who approves compensation for the executors?
The vast majority of estates see beneficiaries consent to the compensation amount requested by the executor. However, sometimes the beneficiaries feel that the compensation is too high for the work actually done.
The “wills exception” to solicitor-client privilege
Solicitor-client privilege means communications between a lawyer and a client, are confidential. Thus, if a third party wants to see what a client told their lawyer when seeking advice, the court will not allow this.
Saskatchewan Estate Litigation Update: Leier v Probe, 2021 SKQB 41 – Removal of an executor for failure to account
A recent case from the Saskatchewan Court of Queen’s Bench reminds us of the importance to always account for transactions made acting as a power of attorney, or, as an executor. Leier v Probe involved an application by Christopher Leier, to remove Barrie Probe, as...
Estate Litigation Update – Thorne v Thorne
A recent case of the Saskatchewan Court of Queen Bench offers the following lesson: the Court’s power to “fix” clerical mistakes in Wills, may not necessarily be ordered if there are deeper concerns about the testator’s actual testamentary intentions. Section 37 of...
Estate Planning: Starting 2021 on the Right Foot
Ah, January. A new year, a new start. This year, more than any other, people are putting 2020 behind them with ‘extreme prejudice’, and planning for a much different and much better year ahead. Some will be giving up sugar, others will take up running, or tackling...
Renouncing as executor may not always be an automatic right
An interesting lesson for executors comes from the recent Saskatchewan decision in Goby v Frederick, 2020 SKQB 201 Wayne Frederick passed away. His will appointed his sister, Shirley Frederick, to be the executrix of his estate. Shirley obtained letter probate....
How to avoid your Will from becoming challenged after you die
More and more wills are being contested in Saskatchewan each year. And the sad truth is that many challenges are avoidable if the will-maker had done one or both of the below things: Hired a lawyer to draft their will, and keep good notes of their instructions; Told...
Saskatchewan Estate Litigation Update
An interesting recent estate litigation decision out of Saskatchewan is Leason v Malcolm, 2020 SKQB 102. Leason reminds us that once a bequest is vested, it may not be divested. In other words, if a beneficiary survives the testator, but the beneficiary then dies...