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 In the situation in Hunt, the Court concluded that such renunciation could be rescinded, as no probate had yet been issued in this Estate. Factual background: The factual background was summarized as follows: Gwendolyn Kathleen Hunt (”Gwendolyn”) died on October 12, 2019; In her Last Will and Testament executed on December 29, 2014 (“Will”), Gwendolyn a ..read more

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 one that does not reflect your intentions. Factual background: Dawn Jacqueline Gilchrist (the “Deceased”) died on August 18, 2022; The issue in Gilchrist was whether or not the Deceased’s estranged brother, William, should receive any share of the Deceased’s Estate under the Intestate Succession Act, 2019, SS 2019, c I-13.2 ..read more

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 background: This matter concerned the Estate of William George Gibb (“Deceased”). The Deceased had died on April 28, 2022. He had left a will executed June 29, 2018 (“Will”). The Executrix, Leora Harlingten, from North Battleford, was one of two stepdaughters of the Deceased. The other stepdaughter was Helen Sawatsky o ..read more

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 also reminds us that an executor who is sued in devastavit, is entitled to obtain a ruling as to whether they should be relieved from liability (under s. 45 of the Trustee Act), if they erred but had nevertheless acted honestly. Moreover, Klaptchuk also reminds us that there must be clear evidence of what value existed in the ..read more

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 cannot offer such direct evidence, a court may find that there is no genuine issue for trial, and dismiss the will challenge. Factual background: Judy Riben (“Judy”) died on September 1, 2021, leaving behind: Son, Paul Riben (“Paul”); Son, Carl Riben (“Carl”); Daughter, Juanita Menard (“Juanita”). Judy had executed a w ..read more

The recent Saskatchewan Court of Appeal 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 application was brought by Ms. Lisa Armstrong (“Lisa”) to seek an order removing the respondent, Ms. Cheryl Lee Grant (“Cheryl”) as a trustee of the trusts created by the Last Will and Testament of her husband, the late Brent Patrick Gibson (“Deceased”). As well, Lisa sought orders: Vesting all of the property held by the Lisa Trust ..read more

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 of his mother, Laurette Bell. Wayne had argued that Laurette lacked testamentary capacity and was unduly influenced at the time of her will’s execution on January 8, 2020 (“Will”). The Will effectively excluded Wayne and his immediate family as beneficiaries to Laurette’s estate. The relevant factual background before the Cou ..read more

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 credibility at trial. Factual background: A brief summary of the factual background in Vaudreuil was as follows: Paul Shlahetka (“Deceased”) died on August 6, 2021, at 91 years of age. The Deceased had six siblings, all of whom predeceased him.  His sister, Annie, died in 2019. Annie had three daughters, Adeline McPhee, Ms. Va ..read more

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 Challenge: The deceased at issue was Phillip Eugene Jacques (“Deceased”). Mr. Jacques died on September 19, 2018, at the age of 88. Prior to his death, the Deceased executed wills dated May 28, 2012; October 10, 2013; October 21, 2013; and July 9, 2014. The will dated July 9, 2014, was admitted to probate on December ..read more

The recent Saskatchewan Queen’s Bench decision in Nagy v. Graves reminds us that a Court will often remove executors who are guilty of extreme delay in administering an Estate. Factual background: The factual background in Nagy was as follows: Nine siblings of the Nagy family were engaged in a dispute respecting their mother’s estate; Their mother, Blanche Nagy, died some ten years before, on November 13, 2012; Of the nine children, Blanche named two children as her executors, Jo-Ann Graves and Dennis Nagy; The executors did not apply for letters probate in Blanche’s estate until February ..read more