by benlamothe | Jul 22, 2024 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan Court of Appeal decision in Miller v Miller Estate, 2024 SKCA 70, confronted the issue of when a party, who seeks to appeal a decision made by a Chambers judge, first requires leave to appeal. For context, in order to appeal certain decisions...
by Saskatchewan Estate Law Blog | Jun 28, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
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...
by Saskatchewan Estate Law Blog | Mar 1, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
The recent Saskatchewan King’s Bench decision in Vaudreuil v Madson is an example of a testamentary document in which a trial was required to determine its validity. This was because of contradictory evidence which had been adduced as to require findings of...
by Saskatchewan Estate Law Blog | Nov 1, 2022 | Challenges to Validity of Wills, SK Estate Law Blog
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...
