Your Rights as a Beneficiary of an Estate in Saskatchewan

Being named in a will, or being a close relative when there is no will, does not mean you can collect right away. The executor has work to do first, and you may be left with questions about what is going on.

This article explains in plain terms what Saskatchewan guidance says executors must do for beneficiaries, and where your own options come in if you are not satisfied.

This article covers the law of Saskatchewan.

What the executor owes you

The province lists the executor's common duties. They include finding the will, identifying, securing, valuing and insuring assets, applying for Letters if required, publishing a Notice to Creditors, depositing money in an estate account, filing returns, obtaining a CRA Final Clearance Certificate, paying debts by priority, and accounting to beneficiaries within two years.

The executor does this work for the benefit of the estate and the people entitled to it. If you are a beneficiary, it is reasonable to ask for updates on where things stand.

Accounting and releases

The executor must account to beneficiaries within two years, or pass accounts at the court house if the accounts are disputed. The province lists two ways to finish: obtaining beneficiary releases, or a court order passing the accounts and distributing the estate.

What a release means for you depends on what it says, so it is worth confirming with a lawyer before you sign. Read it carefully, and consider advice before signing if the numbers do not make sense to you.

Your say on land and certain decisions

• Selling estate land requires written consent from all beneficiaries. The exception is where debts exceed available funds and the property may have to be sold to pay them, in which case consent is not required, though it is recommended.
• Estate land can be leased for no more than one year unless all interested beneficiaries consent.
• If a beneficiary is a minor, a land sale needs consent from the legal guardian, an acknowledgement from each minor aged 14 or older, and consent from Children's Services at the Public Guardian and Trustee, which ISC requires.
• A Notice to Public Guardian and Trustee (Form 16-12) is required if any beneficiary is under 18 or a dependent adult.

When there is no will, or the will is challenged

If there is no will, the law in force on the date of death decides who inherits: The Intestate Succession Act, 1996 for deaths before October 1, 2019, and The Intestate Succession Act, 2019 for deaths on or after that date. A spouse inherits the entire estate if all of the intestate's children are also children of the spouse. If there are children from another relationship, the spouse first takes a preferential share, which is $200,000 for deaths on or after October 1, 2019 (raised from $100,000, the amount under the earlier 1996 Act). Then with one child the rest is split equally, and with more than one child the spouse takes one-third and the children share two-thirds equally. A spouse who had lived separate and apart from the intestate for two years takes no share.

A will can be challenged in some cases. Saskatchewan courts allow a will to be proven in solemn form and a caveat to be filed. Where a will is duly executed, capacity is presumed. Who has to prove what in a challenge depends on the circumstances, so it is worth confirming with a lawyer.

Some people have claims beyond the will. Dependants, including a spouse, children under 18 and adult children unable to support themselves due to disability, may claim under The Dependants' Relief Act, 1996 where the will makes inadequate provision. A surviving spouse may also be able to apply for division of family property, and distribution may be delayed six months after Letters are obtained while such a claim is possible. These deadlines are short, so speak to a lawyer promptly.

What to do next

• Ask the executor, in writing, for a status update and the expected timing.
• Keep copies of everything you receive, including the will and any accounting.
• Do not sign a release until you understand the accounts.
• Note the date Letters were granted, because some claims have short time limits.
• If the executor is not responding or the accounts look wrong, talk to a lawyer about passing the accounts in court.

Frequently asked questions