Latest Articles
Case comment: Boire v Boire, 2025 SKKB 150 (CanLII)
The recent Saskatchewan decision in Boire v Boire, 2025 SKKB 150 reminds us of the importance of properly documenting an express trust when adding third parties to title. In Boire there was sufficient evidence of a trust interest as to permit the Court to summarily...
Case comment: Michel v Cunningham, 2025 SKKB 73
The recent Saskatchewan Court of King’s Bench decision in Michel v Cunningham, 2025 SKKB 73 offers guidance on when a person will be considered a “spouse” for the purpose of under The Intestate Succession Act, 2019, SS 2019, c I-13.2. Michel reminds us that the Court...
Saskatchewan Estate Litigation Update: Hagen v Olsen, 2025 SKKB 132 (CanLII)
The recent Saskatchewan King’s Bench decision in Hagen v. Olsen, 2025 SKKB 132 offers a reminder that a testator cannot attempt to impose conditions (through their will) on property which will no longer be owned by their Estate as of the future date of death.Factual...
Saskatchewan Estate Litigation Update: The Estate of Fedyk v Karmarznuk, 2025 SKKB 50
The recent Saskatchewan King’s Bench decision in The Estate of Fedyk v Karmarznuk (“Fedyk Estate”) offers a helpful overview of what evidence a Court is allowed to consider when interpreting a will. Fedyk Estate reminds us of two distinct types of evidence which may...
Saskatchewan Estate Litigation Update: Harrison v MacMillan, 2025 SKKB 31
The recent Saskatchewan King’s Bench decision in Harrison v MacMillan offers an example of a will challenge that failed to raise a genuine issue. While there is no new point of law offered by Harrison, the decision provides a helpful caution to parties who wish to...
Saskatchewan Estate Litigation Update: Mang v. Hofer, 2025 CarswellSask 85, 2025 SKKB 21
The recent Saskatchewan King’s Bench decision in Mang v. Hofer offers a reminder of the threshold criteria that an applicant must meet in order to become the administrator of an intestate estate. For context, when a deceased dies without a will their estate falls into...
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: 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...