by Saskatchewan Estate Law Blog | May 16, 2023 | Challenges to Validity of Wills, SK Estate Law Blog
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...
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 | Feb 8, 2023 | Challenges to Validity of Wills, Estate Administration or Will Interpretation, SK Estate Law Blog
The recent Saskatchewan King’s Bench decision in Kuffner v. Jacques offers guidance on when the merits of a will challenge can be decided in a summary fashion, as opposed to a full trial. Factual background: The factual background in Kuffner was as follows: The Will...
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...
by Saskatchewan Estate Law Blog | Dec 11, 2018 | Challenges to Validity of Wills, Powers of Attorney, SK Estate Law Blog
This article offers an overview of the 2018 Saskatchewan decision in Carlson v. Carlson Estate, 2018 SKQB 196. Carlson reminds us of the importance of preserving evidence of just how “voluntary” a will is. If, in contrast, a particular beneficiary of the will is seen...
