Latest Articles

Saskatchewan Estate Litigation Update: Campbell v. Cooper, 2017 Carswell Sask 334, 2017 SKCA 55
Mar 2, 2022 | Issue involving Executors, SK Estate Law Blog
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
Feb 16, 2022 | Challenges to Validity of Wills, SK Estate Law Blog
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
Jan 7, 2022 | Estate Administration or Will Interpretation, SK Estate Law Blog
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
Jan 6, 2022 | Issue involving Executors, SK Estate Law Blog
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
Jan 3, 2022 | Issue involving Executors, SK Estate Law Blog
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
Dec 30, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog
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
Oct 14, 2021 | Estate Administration or Will Interpretation, Issue involving Executors, SK Estate Law Blog
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
Sep 1, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
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
Aug 25, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
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
Jul 30, 2021 | Issue involving Executors, SK Estate Law Blog
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
Jul 27, 2021 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog
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
Jul 15, 2021 | Powers of Attorney, SK Estate Law Blog
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
Jul 12, 2021 | Issue involving Executors, SK Estate Law Blog
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
Jun 14, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
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
May 12, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
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?
Apr 22, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog
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
Apr 15, 2021 | Challenges to Validity of Wills, SK Estate Law Blog
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?
Apr 7, 2021 | Issue involving Executors, SK Estate Law Blog
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
Apr 1, 2021 | Estate Administration or Will Interpretation, SK Estate Law Blog
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?
Mar 19, 2021 | Issue involving Executors, SK Estate Law Blog
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.