A recent Saskatchewan case highlights how will challenges vary by province to province as does the evidentiary threshold required under each jurisdiction. For example, in Saskatchewan, an applicant/challenger must go through two levels of hearings; a threshold Chambers hearing (a judge reviews the written record to determine if there is sufficient merit in the application […]
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- Estate Litigation
Estate litigation is a broad term that encompasses will challenges and will interpretations, contested estate administration and probate applications, the removal of executors or the rectification of a defective will. It includes a variety of disputes between executors and beneficiaries, as well as disappointed beneficiary claims and allegations of delay or the mismanagement of estate assets.
Beyond the unique legal issues involved, estate litigation is notable for being emotionally-charged. Even families that were once close can disintegrate under the stress of litigation. Unchecked litigation can quite literally bankrupt an estate or saddle the losing party with significant legal costs. Having an experienced estate litigator who is able to quickly grasp the issues at stake and how best to resolve a contentious estate dispute is a must.
Related papers/blog
The Discretion of Costs
In April 2026, I wrote about the decision in Kunka Estate v. Giasson, which considered whether resulting trust principles apply to beneficiary designations on registered accounts such as TFSAs and RRIFs.
read moreBeware of AI
The impact AI has on the legal practice continues to evolve and be examined by the Court. While arguably a useful tool in some instances, the Court has yet again warned counsel of the risks of using AI in written materials filed, and its patience is wearing thin. In the recent case of Kapahi Real […]
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