Those in the estates bar know that it is a very high test to remove an estate trustee. Courts do not lightly interfere with a testator’s choice. However, where an estate trustee is in a conflict of interest and acts in a manner that puts the proper management of the…
Karen Watters
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/
In MacBeth Estate v. MacBeth, 2025 ONCA 360 CanLII (“MacBeth Estate”) the lower court’s decision was affirmed by the Ontario Court of Appeal. The appellants appealed the lower court’s decision on the basis that the motion judge (i) erred in denying the appellants an adjournment; (ii) erred in removing them…
The Ontario Rules of Civil Procedure may be dramatically changed. In January 2024, the Civil Rules Review (the “CRR”) was launched. The mandate of the CRR is extensive: to “conduct a comprehensive and complete review of the Rules and identify, through consultation, areas where targeted changes to the Rules would…
In the recent Ontario Court of Appeal case of Leith v. Leith Estate, 2024 ONCA 863 (CanLII), the Court heard two motions before it. The appellant is the spouse of the deceased. In the lower court the spouse argued that she was entitled to an equalization payment as the deceased…
The court has an inherent jurisdiction to refuse an appointment of an estate trustee even where the application is unopposed. This inherent jurisdiction was affirmed by the Ontario Court of Appeal in James Estate (Re), 2024 ONCA 623, when it upheld the lower court’s decision to refuse an application for…
Litigation is not cheap. Some litigants have little choice but to fund the litigation through loans provided by litigation lending companies. While litigation loans may be more common in certain practice areas, such as personal injury, it is possible to obtain this type of loan for estate litigation. This is…
A party needs leave to appeal when it is appealing only a costs decision. Leave was granted in the case of Pletch v. Pletch Estate, 2024 ONSC 1411 (CanLII) (Ont. Div. Crt) (“Pletch Estate”), where an estate trustee was not awarded any costs of the application. In Pletch Estate the…
The applicant in Roe v. Roe, 2022 ONSC 5821 (CanLII), was not successful in setting aside his mom’s will on the basis of undue influence and “insane delusions”. He was the only son (of four) who was disinherited in his mom’s will. This was a departure from the mom’s previous…
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…
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…