Estate of William Robert Waters v. Gillian Henry
I came across the Estate of William Robert Waters v. Gillian Henry case having read the article by Luc Rinaldi
The Estate of William Robert Waters v. Gillian Henry et al involved a lengthy trial with many disputed facts.
William Waters, was an accomplished academic, successful businessman, and philanthropist who accumulated a considerable fortune during his lifetime. He passed away at the age of 88.
After his death, the trustees of his estate discovered that William had allocated the majority of his wealth to his wife’s personal care worker, Gillian Henry. Over nearly a decade, William had given Gillian more than $30 million, which she used to purchase properties and enjoy a luxurious lifestyle. Unknown to his friends, colleagues, and the estate trustees, William had also been in a romantic relationship with Gillian during this time. The Estate filed a lawsuit against Gillian, seeking the return of the funds and properties acquired with them. The Estate argued that the money was intended for Gillian to invest on William’s behalf. Conversely, Gillian contended that the funds were a gift and that she was not obligated to return any money or properties to the Estate.
The decision:
The court determined that William intended for most of the money to be a gift. Additionally, William intended to maintain an interest in the business known as King of Hearts Stables. The judge also concluded that William improperly gifted his wife’s funds to Gillian, which he was not entitled to do as her Power of Attorney, and those funds must be returned to Phyliss. Furthermore, certain acknowledged debts need to be repaid, and a mortgage must be settled. Lastly, an Order of Canada medal must also be returned.
Justice Callaghan:
“William’s failure to properly document his intentions has created a monumental task for those left behind, including the Estate Trustees and the lawyers. Whether it was his intention or not, he has left his wife Phyliss in a most precarious position. He has left it to the court to ascertain what he intended to gift Gillian and what he intended to retain. For a studious and otherwise careful person, William left a mess in his wake. This case was always about recognizing William’s right to do with his money as he chose, balanced against the legal presumptions about bargains and gifts. This Court waded through the voluminous records with the ambition of ascertaining William’s intention. While it is true that dead men do not talk, the records and witnesses at trial, when examined along with the legal precedents, have allowed this Court to make findings as to William’s intentions and this judgment is intended to give affect to those intentions.”
The court also noted:
“The relationship was real. It was intimate and of long standing. As I discuss later in the decision, it is an important consideration when assessing the actions and intent of William.”
The Estate of William Robert Waters v. Gillian Henry et al., 2024 ONSC 4190 found at https://canlii.ca/t/k64kk
https://torontolife.com/deep-dives/the-professor-the-caregiver-and-the-missing-30-million/
