Karen Watters – Page 3 – All About Estates

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

Karen Watters • July 26, 2023 • 0 Comments

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

Karen Watters • June 21, 2023 • 0 Comments

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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Proper Support Within The Wide Range Of Options

Karen Watters • May 3, 2023 • 0 Comments

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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Uncategorized

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

Karen Watters • April 5, 2023 • 0 Comments

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

Karen Watters • January 11, 2023 • 0 Comments

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

By Branch But Within Its Own Class: Interpreting Per Stirpes in a Will

Karen Watters • December 14, 2022 • 0 Comments

Per stirpes. It is a term that is often used in estate planning and will drafting yet is also one which frequently causes problems. Perhaps because the meaning is not always understood, even by estates practitioners, and therefore the term is misused. Or it could be because the term can be interpreted differently when a testator’s intentions are taken into account. In the recent decision in Jonas v Jonas, 2022….

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Estate Litigation, Wills