Insights

Court of Appeal Finds No Obligation to Generate Income from Divided Family Property

In Bergquist v Bergquist, the Court of Appeal for Saskatchewan rejected the argument that a recipient of family property through a property division must use that property to generate an income. ..

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Family Trust to Family Property: The Value of Trust Assets Can Be Divisible Under The Family Property Act

In Grosse v Grosse, the Saskatchewan Court of Appeal found that an interest in a discretionary trust held by a spouse was considered family property under The Family Property Act.  In this appeal, Mr. Grosse was found to have more than a contingent interest in the Grosse Family Trust.  Therefore, the value of the interest in the trust was considered family property and should be equally distributed between the parties.    ..

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Court of Appeal Explains Courts' Powers to Appoint Estate Administrators

The Saskatchewan Court of Appeal has provided new clarity on the ability of courts to appoint estate administrators. In Sinclair v Sinclair, the Court heard an appeal brought by a brother against his sister, the executor of the estate. Each was an equal beneficiary, with the estate to be divided between them. The essential issue between the siblings was the brother’s wish to keep his mother’s house and the sister’s wish to sell it, as directed by the mother’s Will. (To further complicate their relationship, the siblings were also sole beneficiaries and co-executors of their father’s estate.) ..

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Unsigned Beneficiary Designations May Still Be Enforced

If the beneficiary designation on a life insurance policy is unsigned or incomplete, it may still be enforceable in certain circumstances. Where the deceased had clearly intended to change the beneficiary on his life insurance policy but failed to sign or properly complete a beneficiary change form, and where the insurer had accepted the incomplete form and led the deceased to believe that it was good enough, the court ordered that the insurance proceeds be distributed as the deceased intended. ..

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