Does a spouse have a valid claim to inherit a parcel of land that was transferred into the name of another spouse as an estate planning measure?
Saskatchewan, Canada
The following excerpt is from Dubelt v. Muranetz-Dubelt, 2010 SKCA 5 (CanLII):
This said, there is authority for the proposition that, where title to a parcel of land is transferred into the name of another as an estate planning measure, the value of the property may not be open to distribution on one footing or another, or not be open to any but an unequal distribution to the exclusion of the spouse having no registered interest: Stokes v. Stokes, 2001 SKQB 257; [2001] 8 W.W.R. 561. Issues of principle aside, advancing a claim of this nature poses a number of evidentiary and other challenges.
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