James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for challenging a will in Saskatchewan and the burden that must be met before documentary disclosure will be ordered.

James’ article can be found here:
Saskatchewan Law Review, vol 88 no 1, 2025 CanLIIDocs 3337 | CanLII

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James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for...

read more

Case comment: Hipkins v McDonald, 2025 SKCA 34

The recent Saskatchewan Court of Appeal decision in Hipkins v McDonald, 2025 SKCA 34 reminds estate planners of the concept of precatory language. Precatory language expresses a desire but does not create a legally binding obligation. Examples may include phrases such...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?” In this case...

read more

Case comment: Boire v Boire, 2025 SKKB 150 (CanLII)

The recent Saskatchewan decision in Boire v Boire, 2025 SKKB 150 reminds us of the importance of properly documenting an express trust when adding third parties to title. In Boire there was sufficient evidence of a trust interest as to permit the Court to summarily...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?”

In this case comment, James reviews the Court’s approach in Fedyk to will interpretation, with particular attention to the evidentiary principles governing what material may properly be considered when determining testamentary intention. The article provides a useful and practical summary for counsel involved in estate litigation, advising executors, or addressing will-interpretation issues in contested matters.

For more information about the Saskatchewan Trial Lawyer’s Association click here.

Download Issue

Related News and Articles

James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for...

read more

Case comment: Hipkins v McDonald, 2025 SKCA 34

The recent Saskatchewan Court of Appeal decision in Hipkins v McDonald, 2025 SKCA 34 reminds estate planners of the concept of precatory language. Precatory language expresses a desire but does not create a legally binding obligation. Examples may include phrases such...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?” In this case...

read more

Case comment: Boire v Boire, 2025 SKKB 150 (CanLII)

The recent Saskatchewan decision in Boire v Boire, 2025 SKKB 150 reminds us of the importance of properly documenting an express trust when adding third parties to title. In Boire there was sufficient evidence of a trust interest as to permit the Court to summarily...

read more

James Steele to present at Law Society of Saskatchewan’s Estate Law Update Webinar

Join James Steele on November 13 for a Law Society of Saskatchewan webinar exploring recent estate law decisions from 2024–2025.

James will highlight a series of Saskatchewan cases that provide guidance on estate administration, rectification of wills, demands for accounting, will challenges, and other contested estate matters. He’ll walk through the facts of each decision and share practical takeaways for lawyers and estate practitioners navigating these evolving issues. To register for the webinar, click here.

Webinar – When Estates Go to Court: Recent Cases 2024-25 (CPD 437)

November 13 @ 12:00 pm – 1:00 pm CST

Related News and Articles

James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for...

read more

Case comment: Hipkins v McDonald, 2025 SKCA 34

The recent Saskatchewan Court of Appeal decision in Hipkins v McDonald, 2025 SKCA 34 reminds estate planners of the concept of precatory language. Precatory language expresses a desire but does not create a legally binding obligation. Examples may include phrases such...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?” In this case...

read more

Case comment: Boire v Boire, 2025 SKKB 150 (CanLII)

The recent Saskatchewan decision in Boire v Boire, 2025 SKKB 150 reminds us of the importance of properly documenting an express trust when adding third parties to title. In Boire there was sufficient evidence of a trust interest as to permit the Court to summarily...

read more

Protecting Estate Inheritances from Family Law Claims

Most parents intend to leave at least a portion of their estates to their children. What some parents may not realize is that the inheritance they leave their children could turn into “divisible family property” down the road in the event a child’s spousal relationship ends. That reality means that if your child goes through a divorce, their ex-spouse may have a legal entitlement to some of the inheritance. This may produce a result that you never intended.

The intention of this article is to provide practical tips to try and avoid this result.

Firstly, the timing of the inheritance is an important factor.

If your child receives their inheritance prior to marriage or entering a common-law relationship, then they can claim an exemption for the inheritance pursuant to section 23 of The Family Property Act (Saskatchewan). What this means is that if your child later separates from their spouse they can claim that the value of their inheritance at the start of the spousal relationship should not be shared since they received it prior to the relationship.

However, if the inheritance is received after your child’s spousal relationship commenced they cannot claim an exemption for the inheritance i.e. they cannot claim that it should not be divided at all with their spouse in the event of separation. However, they can claim an unequal division of the inheritance under section 21 of The Family Property Act (Saskatchewan), which can help ensure that they keep more than half of the inheritance.

Secondly, it matters what your child does with their inheritance.

Homes and household good are treated specially under the law. For example, if they invest the inheritance into a house for their family to live in, they would lose the ability to claim an exemption even if the inheritance was received prior to the start of the relationship. The home would be, presumptively, equally divided between the parties. As another example, if your child uses their inheritance to purchase furniture (which is technically considered a household good under the legislation) they will not be able to claim that portion of the inheritance as exempt.

As a result, it’s a good idea to explain to your children that they should be careful how they spend their inheritance, and potentially seek legal advice before making any large purchases.

Because of how these items are treated differently, in general the best thing your child can do with their inheritance is keep it in a separate bank or investment account and not use the funds for family spending or purchases. This is, understandably, not practical in many cases. However, ideally if they have another source of funds to use for these purchases then those funds should be used rather than their inheritance, where possible.

Thirdly, your intention matters.

If there are ever disputes in the future over how much of an inheritance your child’s estranged spouse may be entitled to, one factor the court examines is what your intention in leaving the gift to your child was. This is why it becomes very important that you have a specific clause in your Will indicating that you only intend for your child’s inheritance to benefit your child, and not their spouse. We recommend you seek legal advice in drafting your Will to ensure the proper wording is included in this clause.

Read more on our blog.

The Saskatchewan Estate Law blog is dedicated to providing practical, real-world information on Estate Law issues that affect Saskatchewan residents. The blog is written by RS lawyer, James Steele, whose practice focuses on estate litigation.

James Steele Presents at Canadian Bar Association (Sask) Mid-Winter Meeting

Join James Steele at the Canadian Bar Association (Saskatchewan)’s Mid Winter Meeting in Regina on January 25, 2024. James will be addressing amendments to Part 16 of the King’s Bench Rules and their implication on estate administration.

 

2024 Mid-Winter Meeting

Delta Regina | Regina, SK
 
To register, click here.

Related News and Articles

James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for...

read more

Case comment: Hipkins v McDonald, 2025 SKCA 34

The recent Saskatchewan Court of Appeal decision in Hipkins v McDonald, 2025 SKCA 34 reminds estate planners of the concept of precatory language. Precatory language expresses a desire but does not create a legally binding obligation. Examples may include phrases such...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?” In this case...

read more

Case comment: Boire v Boire, 2025 SKKB 150 (CanLII)

The recent Saskatchewan decision in Boire v Boire, 2025 SKKB 150 reminds us of the importance of properly documenting an express trust when adding third parties to title. In Boire there was sufficient evidence of a trust interest as to permit the Court to summarily...

read more

James Steele to present at Webinar – When Estates Go to Court: Recent Saskatchewan Decisions (CPD 368)

Several recent Saskatchewan decisions provide guidance on various estate law topics. These include issues related to estate administration, as well as more contentious issues such as will challenges. This webinar summarizes some of the recent Saskatchewan decisions within the past one to two years. James will outline the facts of each decision and then offer a practical takeaway from each.

When Estates Go to Court: Recent Saskatchewan Decisions

Presented by: James Steele

Oct 12, 2023 | $90 + GST LSS Members

To register for the webinar, click here.

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Area of ExpertiseWills, Estates, Trusts, Health Care Directives and Powers of Attorney