Kelly Santini LLP’s JP Zubec and Neelum Raja secured a decisive victory in Scharfe v. Poirier Estate. On January 24, 2025, the Honourable Justice Hackland overturned the transfer of real property by an elderly woman to her adult son, determining that the conveyance had to be set aside on the basis of undue influence and the mother’s lack of capacity.  At the time of the impugned transfer, the son was living with his mother and acting as her power of attorney for both personal care and property and was fully aware that his mother had been diagnosed with dementia ten years previously.  The court determined that the mother lacked the capacity to consent to the transfer and that the presumption of undue influence applied.  Key to the win was expert testimony from a leading geriatric psychiatrist, whose detailed analysis of medical records demonstrated that the mother was unable to full understand the consequences of the transfer.  While there are valid estate planning reasons for transferring property between family members, to avoid legal challenges, this case highlights the importance of doing so while the property owner retains capacity.