Karen Watters

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Karen is a senior estates litigator who represents clients in a variety of proceedings including will challenges, dependant’s relief claims, guardianship applications, and powers of attorney disputes. Karen obtained her law degree from Queen’s University and was called to the Ontario Bar in 2011. More of Karen's blogs can be found at https://devrieslitigation.com/author/kwatters/

Striking a Balance With Temporary Guardianship Orders

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Conflicting opinions about what is in the best interest of an incapable adult is at the core of many guardianship disputes. For example, adult siblings may disagree about the level of care their parent should be receiving or where their parent should live. Although rare, sometimes the conflicting views are between family members and the Public Guardian and Trustee (“PGT”). This was the situation in the recent decision of Public….

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Capacity Law, Guardianship

The Deceased’s Knowledge of Parentage is a Factor in Dependant’s Relief Claims

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Many of us know that a court can make an order for the adequate and proper support of a deceased’s dependants where the deceased has not done so. Part V of the Succession Law Reform Act, RRO 1190, c. S. 26 (“SLRA”) identifies the persons who could be considered a dependant of the deceased. Included in the list is a child of the deceased, and the expanded definition of child….

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Appeals, Dependant Support

“Hypothetical and Premature”: Challenge of Will, POAs, and Trust While Grantor Alive and Capable

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A few months ago the Ontario Court of Appeal released its decision in Palichuk v. Palichuk, 2023 ONCA 116 (CanLII) (“Palichuk”) which upheld the decision of the applications judge. The applications judge dismissed a guardianship application and awarded costs against the appellant. The appellant sought guardianship of her mom and alleged that her mom lacked capacity to execute a will, powers of attorney for property and personal care, and transfer….

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Capacity Law, Powers Of Attorney and Guardianship Disputes

Proper Support Within The Wide Range Of Options

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Determining proper support in dependants’ relief claims is notoriously difficult and highly fact-driven. A recent decision of the Ontario Superior Court of Justice is a helpful summary of the applicable law in dependants’ relief claims. It also includes an analysis of why the deceased’s framework and structure for her son’s support was appropriate in the circumstances, albeit falling short on quantum. In Shafman v Shafman, 2023 ONSC 1391 (CanLII), the….

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A Refresher: Knowledge and Approval and its Connection to Suspicious Circumstances

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A testator must have knowledge and approved of the contents of her will. This is one of the requisite elements for proving a will in a solemn form. Knowledge and approval, and its closely related cousin of due execution, is generally viewed as an easier test to meet compared with testamentary capacity. But knowledge and approval may be difficult to establish where suspicious circumstances exists. Ordinarily if certain conditions are….

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Contested wills, Estate Litigation

Costs where Will Challenge was Not Frivolous

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On December 21, 2022, the Court of Appeal released its decision in Di Nunzio v Di Nunzio, 2022 ONCA 889 (CanLII) (“Di Nunzio”). The testator’s daughter appealed the lower court’s decision dismissing the challenge to her mother’s will (Di Nunzio v. Di Nunzio, 2021 ONSC 6689 (CanLII)). The daughter appealed the dismissal of her will challenge and sought leave to appeal the $111,395.45 costs award against her. The appellate court….

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Contested wills, Costs
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