Feedback Request – Proposed Amendments to Wills Act

The recent Saskatchewan King’s Bench decision in Hunt v Hunt, 2023 SKKB 190 confronted a rather unique circumstance. The question was whether an executor who has renounced her right to probate an estate, can later rescind that renunciation. In the situation in Hunt,...

The recent Saskatchewan King’s Bench decision in Gilchrist v Gilchrist, 2023 SKKB 187 offers a reminder of the importance of updating your will. If you do not update your will, and certain beneficiaries named in your will have died before you, the legal outcome may be...

The recent Saskatchewan King’s Bench decision in Gibb Estate (Re), is an example of the Court’s ability to render a document effective as a testamentary document, even if said document was executed without all the formal requirements of the Wills Act, 1996.Factual...

The recent Saskatchewan Court of Appeal decision in Klaptchuk v Johnson is a reminder of the principle of devastavit, which forbids an executor from distributing estate assets in disregard of a creditor’s outstanding claim against the estate.  That said, Klaptchuk...

The recent Saskatchewan King’s Bench decision in Kowalinski v Kowalinski (Estate) is an example of how some estates can devolve into bitter quarrelling between the children of a deceased.Factual background: This matter arose out of the Estate of Maria Kowalinski...

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...

The recent Saskatchewan Court of King’s Bench decision in Armstrong v Lee Grant, 2023 SKKB 111 involved the question of when a trust beneficiary can attempt to unilaterally collapse a trust, and demand property from the trust immediately.Factual background: The...

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 will...