Covid-19 – Matters Of Estate Administration And Estate Litigation Still Proceeding

As of March 20th, 2020, regular operations of the Saskatchewan Court of Queen's Bench have been suspended, and the Court has restricted what matters may be heard in Chambers. This does not mean Estate Administration and Estate Litigation comes to a standstill. In fact, if you fail to file and issue your legal claim within the limitation period, then you would be statute barred from bringing your claim at a later time, meaning, quite simply, that you no longer have a legal claim to advance.

Commencing a Claim and Limitation Periods

Unless otherwise identified by legislation, the standard limitation period is two (2) years from the date of discovery of the claim, but for some claims against an estate, the limitation period can be as short as six (6) months. There are exceptions that can extend the basic limitation period, such as the discoverability principle or fraud.1

Claims brought pursuant to The Dependants' Relief Act, and The Family Property Act must be brought within six (6) months from the grant of probate or letters of administration.2 The Court reserves the discretion to, where it deems appropriate, allow a claim outside the limitation period for a dependant relief claim where any portion of the estate remains undistributed.3 Dependant relief claims and family property claims are commenced through petitions.

A notice that the Will be proven in solemn form is filed when an interested party believes the Will is invalid by reason of improper execution, the testator did not have requisite mental capacity at the time of executing the Will, or the testator was unduly influenced in the creation of the Will.4 A Chambers application is necessary to the proof in solemn form action, however, prior to scheduling the Court hearing, the parties give notice of their claim and compile evidence to satisfy the Chamber's judge that there is a genuine issue for trial or, if you are charged with proving the Will is valid, to provide uncontradicted evidence of such.

In addition to a notice to prove the Will in solemn form, a person may still file a caveat to prevent the administration of the estate.5 Caveats give the executor or administrator notice of your claim so that they do not distribute estate assets until the expiry of the caveat or the individual's claim is dismissed or resolved. Caveats can be used to protect a potential interest in an estate in a variety of circumstances (e.g. determining what testamentary document should be probated).

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