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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...
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: Choquette v Viczko, 2021 SKQB 167
The recent decision in Choquette v Viczko, 2021 SKQB 167, offers a new interpretation of s. 50.5 of the Administration of Estates Act (“Act”).Background: Under s. 50.5 of the Act, if an executor sells land to which a beneficiary is beneficially entitled, the executor...
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...
Legal News
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...
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: Choquette v Viczko, 2021 SKQB 167
The recent decision in Choquette v Viczko, 2021 SKQB 167, offers a new interpretation of s. 50.5 of the Administration of Estates Act (“Act”).Background: Under s. 50.5 of the Act, if an executor sells land to which a beneficiary is beneficially entitled, the executor...
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...