Estate's Claim To Recover $700,000 Gift From Elderly Man To Fiancée Dismissed

• Published date: 16 March 2021
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Trials & Appeals & Compensation, Wills/ Intestacy/ Estate Planning
• Law Firm: Gardiner Roberts LLP
• Author: Mr James Cook

We have previously written about gratuitous transfers of real estate between family members, and the requirement on the recipient's part to prove that the transfer was intended to be a gift if the purpose of the transaction is subsequently challenged. A recent decision of the Ontario Court of Appeal affirmed similar principles in the context of a transfer of $700,000 from an elderly man to a woman who was alleged to have taken advantage of him: Zachariadis Estate v. Giannopoulos Estate, 2021 ONCA 158.

The appeal involved the estate of Dr. George Zachariadis who in 1996 began a romantic relationship with Despina Giannopoulos. At the time, Dr. Zachariadis was divorced from his former spouse and was estranged from his two daughters. He was not invited to their weddings and never met his grandchildren. Their estrangement continued until his death.

In July 2014, Dr. Zachariadis moved into Ms. Giannopoulos's apartment. They had plans to get married. Dr. Zachariadis also acted as a father figure to Ms. Giannopoulos's son and transferred his medical practice to him.

In November 2014, Dr. Zachariadis gave Ms. Giannopoulos a bank draft for $700,000, which she deposited into her bank account. The only notations on the bank draft were the words "Payment...