Insights

Saskatchewan Court of Appeal rules presumption of resulting trust does not apply to transfers of land

In a recent decision of the Saskatchewan Court of Appeal, the Court has clarified that the presumption of a resulting trust no longer applies to transfers of land in the province.  ..

Read More

Handwritten Notes may revoke a formally executed Will

Fitzpatrick v Ollenberger, 2017 SKCA 24  ..

Read More

Court of Appeal Upholds Rejection of Unexecuted Planning Document

In Kube v Kube, the Saskatchewan Court of Appeal considered the requirements for when an unexecuted document can be considered a will.  This issue arose in the context of an application to admit such a document to probate. ..

Read More

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.) ..

Read More

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. ..

Read More