Karen Watters

When capacity is challenged the challenger must rebut the presumption of capacity with evidence. The evidence must support a finding that, on a balance of probabilities, the person was incapable when the decision was made or the task performed. In Perriam v. Pereira, 2026 ONSC 3180 (“Perriam”), the questions before the court were whether the grantor was capable when he executed a power of attorney for property (the “POA”), and….

Some drafting errors in wills can be rectified before or during the process to obtain a Certificate of Appointment of Estate Trustee (“CAET”). In Ontario we now know that the disappointed beneficiary alleging those errors, who also sues the drafting solicitor, must seek rectification prior to the issuance of the CAET. Otherwise, the doctrine of abuse of process may prevent the disappointed beneficiary from suing the drafting solicitor in negligence…..

In the recent decision of Pitt v. Beattie, 2025 ONSC 5654 (CanLII) (“Beattie”), the court considered the rule in Saunders v. Vautier and whether the sole beneficiary of a trust could demand a larger distribution than the trustee was willing to provide. In Beattie, the last will and testament provided that the residue of the estate was to be held in trust until the beneficiary turned 25. At the time….

In the recent decision of Buffa v. Giacomelli, 2025 ONSC 4024 (CanLII), the court considered whether withdrawals from joint bank accounts are valid inter vivos gifts. The mother had two children: a son (the applicant), and a daughter (the respondent). The respondent made the withdrawals from joint accounts with her mother. The withdrawals amounted to approximately $1.7M and were withdrawn over the course of about 1.5 years. The applicant argued….