James Steele featured in Winter 2021 Edition of Bar Notes

James’ most recent article relating to Professional Regulation and the Duty of Fairness in Investigations is featured in the Winter 2021 edition of Bar Notes, the magazine of the Canadian Bar Association Saskatchewan Branch. In it, James canvasses recent case law and offers useful suggestions to professional regulators on how to navigate investigations. More information about Bar Notes can be found here.

Funeral expenses: Why executors should pay them promptly

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

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.

Saskatchewan Estate Litigation Update: Fraser v Mountstephen, 2021 SKQB 192

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

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.

Rebutting the Presumption of Resulting Trust – A Refresher

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.

James Steele Published in CBA Bar Notes – Summer 2021 Edition

James Steele was published recently in the Summer 2021 Edition of CBA Bar Notes.

Saskatchewan Estate Litigation Update: Bryant Estate v Stuart, 2021 SKCA 54

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

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.

Saskatchewan Estate Litigation Update: Nelson v Wagner, 2021 SKQB

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...

Saskatchewan Estate Litigation Update: McStay v Berta Estate, 2021 SKCA 51

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...

The potential dangers of adding children as joint tenants

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:...

The “wills exception” to solicitor-client privilege

Solicitor-client privilege means communications between a lawyer and a client, are confidential. Thus, if a third party wants to see what a client told their lawyer when seeking advice, the court will not allow this.

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James Steele featured in Winter 2021 Edition of Bar Notes

James Steele featured in Winter 2021 Edition of Bar Notes

Related News and Articles

Funeral expenses: Why executors should pay them promptly

Saskatchewan Estate Litigation Update: Nicklen Estate, 2021 SKQB 208

Saskatchewan Estate Litigation Update: Fraser v Mountstephen, 2021 SKQB 192

Saskatchewan Estate Litigation Update: Choquette v Viczko, 2021 SKQB 167

Rebutting the Presumption of Resulting Trust – A Refresher

James Steele Published in CBA Bar Notes – Summer 2021 Edition

Saskatchewan Estate Litigation Update: Bryant Estate v Stuart, 2021 SKCA 54

Estate Litigation Update: Munro v James, 2020 BCSC 1348

Saskatchewan Estate Litigation Update: Nelson v Wagner, 2021 SKQB

Saskatchewan Estate Litigation Update: McStay v Berta Estate, 2021 SKCA 51

The potential dangers of adding children as joint tenants

The “wills exception” to solicitor-client privilege