Publications by Key Term: wills

Discussion Paper on the Consolidation of Certain Rules and Statutory Provisions in The Administration of Estates Act Mar 2005

This paper is a companion to theTrustees Act: Proposals for Reform (2002) and addresses the powers of personal representatives who are not trustees as defined in The Trustee Act. The Commission recommends including some provisions garnered from existing statute in The Administration of Estates Act and omitting other out-dated provisions, in effect replacing the Devolution of Real Property Act.


Report on Electronic Wills Oct 2004

A will created on a computer and stored on computer media such as a CD-ROM or on a computer network rather than printed out and signed in the usual manner is probably  invalid under Saskatchewan law at present.  This paper discusses the issues and problems surrounding recognition of electronic wills.

It concludes that the technology is now available to legislate a set of formalities for recognition of electronic wills, but recommends delaying doing so until there is sufficient interest in legal profession and public to warrant doing so.  In the mean time, the report recommends amendment of the Wills Act  to make it clear that the courts can admit electronic wills to probate in the same manner as other formally deficient wills that “substantially comply” with the requirements of the Wills Act (2004).

Revocation of Wills: Consultation Paper Oct 2004

Under the present law, a will is automatically revoked on marriage or divorce.   These long-standing rules are intended to protect the interests of spouses and children of  the makers of wills.   However,  it has been suggested the the changing social and legal context may sometimes defeat the purpose of the rules, and even make them a problem.  This Consultation Paper discusses when a will is automatically revoked due to marriage or divorce.

Matrimonial Property Act: Selected Topics Jun 1996

After fifteen years of experience with the Matrimonial Property Act, the Commission recommends amendments to correct problems of implementation. Clear definitions of matrimonial property and value ought to be included to avoid problems in the division of matrimonial property. Provisions ought to be introduced to address the status of gifts and inheritances received during the marriage.

Testamentary Custody and Guardianship of Children: Tentative Proposals Oct 1984

The Commission proposes reforms in the law of guardianship of a child’s person and estate. A draft of a Children’s Act is presented as an alternative to The Infants Act, which is now disjointed and in need of modernization and clarification. The draft incorporates proposals from this report and from the Commission’s 1981 Custody Report.