Feedback Request – Proposed Amendments to Wills Act

CBASK wishes to advise of a proposal brought forward by CBASK member David Ukrainetz, McKercher LLP for the enactment of franchise legislation. The proposed legislation would provide a general scheme of protections for franchise businesses in Saskatchewan. CBASK is in support of the proposal, as it would harmonize Saskatchewan law with other jurisdictions, and provide needed protection to franchisees. A copy of the letter sent to the Minister of Justice may be found HERE.

Feedback is sought on whether s. 19(1) of the Wills Act should be amended. Namely, s. 19(1) would be expanded to also invalidate a devise or bequest to a spouse, provided the below situation had arisen before the testator’s death:

1. The testator had served a Petition against his or her spouse (or had one served by their spouse against himself or herself), seeking relief relating to the breakdown of their spousal relationship, and
2. At the time of the testator’s death, the testator and his spouse were living separately and apart as a result of the breakdown of their spousal relationship.

Feedback should be provided to James Steele at [email protected] by May 20, 2022

If as a CBA member you have Saskatchewan legislation you would like to be considered, or issues you would like CBA Saskatchewan to advocate, please contact James Steele, Legislation & Law Reform Director [email protected].