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 | 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...
by Saskatchewan Estate Law Blog | 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...
by Saskatchewan Estate Law Blog | Oct 23, 2020 | Challenges to Validity of Wills, SK Estate Law Blog
More and more wills are being contested in Saskatchewan each year. And the sad truth is that many challenges are avoidable if the will-maker had done one or both of the below things: Hired a lawyer to draft their will, and keep good notes of their instructions; Told...
