In my capacity evaluation work, my clients (who are mostly lawyers) occasionally suggest that if I have already assessed that a decision maker has testamentary capacity, then I need not evaluate whether the decision-maker has capacity to appoint a power of attorney (POA) for property.  The reasoning is that because the threshold for testamentary capacity is higher than any other legal decision-making activity, if the decision-maker has testamentary capacity, then….

The recent case, Stewart Estate v Stewart, 2025 ONCA 575, provides guidance on the test for a stay pending appeal.  In Stewart, the deceased, William, executed a last will and testament (the “Will”) in 1989.  William died five years later.  He was survived by his wife, Edith, and their 13 children.  The Will gave a life estate to Edith, after which William’s two farms were to be transferred to his….