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/

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

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

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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

You Wear the Executor Hat First

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It’s not easy being an Estate Trustee and a beneficiary. However, an Estate Trustee must be ever mindful that she wears the executor “hat” first. In other words, the duties an Estate Trustee owes to the beneficiaries must come before the Estate Trustee’s own interests. Otherwise an Estate Trustee will be at risk of breaching her fiduciary duties and, at the end of the day, may not be entitled to….

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Compensation, Estate Administration, Trustee Compensation

Campaign Donors Permitted to Advance Trust Claim

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GoFundMe is arguably the most recognized crowd funding platform used by many who seek to raise funds from the public domain to support a defined goal. Legal issues have been raised surrounding the funds donated through platforms such as GoFundMe, particularly when the funds are used for something other than its intended purpose. This issue is at the heart of Maghdoori v. Sanjari, 2022 ONSC 4624 (CanLII) (“Maghdoori”), an application….

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Charitable Giving, Estate Donations, Philanthropy/Charitable Giving, Trusts

Ordering a Capacity Assessment When it is Resisted

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Section 105 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and s. 79 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 provide the court with authority to order a capacity assessment, even when the individual objects. It is an extraordinary power but not one that is utilized lightly by the court. A recent decision of the Superior Court of Justice serves as good reminder and review….

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Capacity Law, Uncategorized

Compensation as Attorney for Personal Care: Guided by Reasonableness and Proportionality

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The 2021 decision in Sasso v. Sasso[1] was recently affirmed by the Ontario Court of Appeal. The Sasso case has a few interesting aspects to it but for the purpose of this blog I focus on the claim for compensation which was made by an attorney for personal care. Although it may not happen often, attorneys for personal care can claim compensation. Unlike guardians and attorneys for property, calculating the….

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Attorney Compensation, Caregiving
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