Latest Articles
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: McCabe v Kowalyshyn, 2022 SKCA 56
The recent Court of Appeal decision in McCabe v Kowalyshyn, 2022 SKCA 56, offers various lessons to Estate litigators. These include: The reality that court approvals of Estate land sales, under s. 50.5 of The Administration of Estates Act, SS 1998, c A-4.1, do not...
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...
National Post article on poorly drafted wills
A recent article from the National Post underscores how important it is to ensure that your Will is up to date and that it is well-drafted. I do not personally draft wills, as I focus on estate litigation disputes. However, I have seen firsthand that a homemade will...
Estate Litigation Update: Poole v Dailey, 2020 SKQB 226
I practise in the area of estate litigation and am often reminded of the importance of having a clearly drafted Will. A good recent example comes from the decision in Poole v Dailey, 2020 SKQB 226. The deceased had left his estate between his two children, Brian and...
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...
Saskatchewan Estate Litigation Update: Vance (Re), 2021 SKQB 320
The recent decision in Vance (Re), 2021 SKQB 320, reminds us of the importance of keeping our wills updated. The application in Vance was brought by De-Anna Lynn Bailey, in relation to the estate of her nephew, James Benjamin Gilbert Vance (“Deceased”). Background To...
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: 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...