James Steele presents at the Saskatoon Estate Planning Council

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James Steele will present an update on recent Saskatchewan court decisions affecting estate practitioners at the Saskatoon Estate Planning Council (SEPC) on October 18, 2022. SEPC promotes the discussion of topics and problems in estate and tax planning by professionals working in the field today. Learn more: http://www.saskatoonepc.com/

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Estate Litigation Update – Thorne v Thorne

A recent case of the Saskatchewan Court of Queen Bench offers the following lesson: the Court’s power to “fix” clerical mistakes in Wills, may not necessarily be ordered if there are deeper concerns about the testator’s actual testamentary intentions. Section 37 of...

James Steele featured in Regina Leader-Post Article

James Steele recently contributed to an article that was featured in the Regina Leader-Post. The article highlights the importance of discussing wills and final wishes with family before you pass. Read the full article here.

Adams Estate v Wilson: Who has standing to challenge a Will?

A recent case from the Saskatchewan Court of Appeal reminds us of the importance of first confirming you have standing to challenge a will. “Standing” refers to the question of whether a person has a sufficient legal interest in a given dispute. In other words, will...

Steele Published in CBA Bar Notes

James Steele recently published a book review of former Chief Justice McLachlin’s memoir, which recounts her role as the first woman Chief Justice, and her time as the longest-serving Chief Justice of the Supreme Court of Canada.

Renouncing as executor may not always be an automatic right

An interesting lesson for executors comes from the recent Saskatchewan decision in Goby v Frederick, 2020 SKQB 201 Wayne Frederick passed away. His will appointed his sister, Shirley Frederick, to be the executrix of his estate. Shirley obtained letter probate....

How to avoid your Will from becoming challenged after you die

More and more wills are being contested in Saskatchewan each year. And the sad truth is that many challenges are avoidable if the will-maker had done one or both of the below things: Hired a lawyer to draft their will, and keep good notes of their instructions; Told...

DIVISION OF FAMILY PROPERTY: ENTITLEMENT TO FARMLAND OWNED BY EX-SPOUSE AND THIRD PARTIES

When two parties are separating and dividing the family property, there may be questions surrounding property owned by one of the spouses and third parties. In Saskatchewan, this is particularly true for farmland. Often a husband or wife will own farmland with their...

Call for feedback on behalf of the CBA

James Steele is Legislation and Law Reform Director of CBA Saskatchewan. Comments are invited on the SK Government’s ongoing development of Regulations to support The Financial Planners and Financial Advisors Act. CBA Members are welcomed to review the Ontario draft...

Saskatchewan Estate Litigation Update

An interesting recent estate litigation decision out of Saskatchewan is Leason v Malcolm, 2020 SKQB 102. Leason reminds us that once a bequest is vested, it may not be divested. In other words, if a beneficiary survives the testator, but the beneficiary then dies...

Effect of Marriage or 24 Months of Cohabitation on Your Will – Changes to the Wills Act

The law in Saskatchewan used to be that an existing will would be revoked when the will maker married or upon the will maker cohabiting in a spousal relationship continuously for two years, unless there was a declaration in the will that it was made in contemplation...

Why Do I Need a Will?

A commonly asked question is why do I need a will? Your will sets out what is to happen to your assets (more commonly known as your estate) when you pass away. If you pass away without a will then your estate falls into what is called intestacy. An intestate estate...

Am I entitled to be notified that my family member has made a new Will?

When a loved one passes away unexpectedly, the shock can be made worse by finding out that the deceased also had made a new will totally contrary to their former will. Sometimes clients will ask me if it is legal for their loved one to make a new will, cutting out...

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James Steele presents at the Saskatoon Estate Planning Council

Related News and Articles

Estate Litigation Update – Thorne v Thorne

James Steele featured in Regina Leader-Post Article

Adams Estate v Wilson: Who has standing to challenge a Will?

Steele Published in CBA Bar Notes

Renouncing as executor may not always be an automatic right

How to avoid your Will from becoming challenged after you die

DIVISION OF FAMILY PROPERTY: ENTITLEMENT TO FARMLAND OWNED BY EX-SPOUSE AND THIRD PARTIES

Call for feedback on behalf of the CBA

Saskatchewan Estate Litigation Update

Effect of Marriage or 24 Months of Cohabitation on Your Will – Changes to the Wills Act

Why Do I Need a Will?

Am I entitled to be notified that my family member has made a new Will?