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My late mother's GP has given his opinion that mother did not have testamentary capacity when making her Will. He has stated that he bases this opinion on statements received from third parties. Mother was never diagnosed as suffering from senility, alzheimers, confusion or any similar conditions and her medical notes do not corroborate his opinion. He has based his statement solely on information supplied with third parties who all have a vested interest.
Can anyone tell me:
> Is it acceptable practice for a GP to base his opinion on statements from third parties?
> Should any medical opinion be based on a patient's medical notes and not on circumspection?
> Is it not true that the only person who can testify to a persons mental state is a psychiatrist?
My mother was never diagnosed with any debilitating conditions, her medical notes do not mention any debilitating conditions and indeed she did have her mental faculties when making her Will.
This GP has made a medical statement based on details supplied by unqualified observers, all of whom, as stated above, have a vested interest. I want to take this matter further to defend my late mother and her rights to do whatever she wanted with her assets and possessions.
Who should I contact to get advice and follow this matter up with?
Incidentally, I have statements from close family members, a local Priest, long standing friends and neighbours (some of whom have a long nursing background). Should I submit these to the same GP and get him to withdraw and change his opinion?
Any advice, observations or opinion from anyone would be greatly appreciated.
Can anyone tell me:
> Is it acceptable practice for a GP to base his opinion on statements from third parties?
> Should any medical opinion be based on a patient's medical notes and not on circumspection?
> Is it not true that the only person who can testify to a persons mental state is a psychiatrist?
My mother was never diagnosed with any debilitating conditions, her medical notes do not mention any debilitating conditions and indeed she did have her mental faculties when making her Will.
This GP has made a medical statement based on details supplied by unqualified observers, all of whom, as stated above, have a vested interest. I want to take this matter further to defend my late mother and her rights to do whatever she wanted with her assets and possessions.
Who should I contact to get advice and follow this matter up with?
Incidentally, I have statements from close family members, a local Priest, long standing friends and neighbours (some of whom have a long nursing background). Should I submit these to the same GP and get him to withdraw and change his opinion?
Any advice, observations or opinion from anyone would be greatly appreciated.
Answers
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Who is the GP giving this opinion to? Why was he asked for an opinion? Has probate of the Will been granted? If not, what is the present position? What do the executors have to say about it? Is the solicitor (or whoever it was who drew up the Will) available? If so, what is his/her opinion? What about the witnesses to her signature - do they have an opnion?
themas
Thank you very much for your response. The GP has given this opinion to my brother to pass to his solicitor but the GP's opinion actually states it is based on reports from third parties with a vested interest. Probate was granted to me in October 2006. I and the solicitor who drew up the Will are executors and we both refute the GP's opinion. The witnesses to the Will are clerical officers employed by my solicitors. Once again, many thanks - your reply raises very pertinent issues and give food for thought.
inaquandary
Thank you very much for your response. The GP has given this opinion to my brother to pass to his solicitor but the GP's opinion actually states it is based on reports from third parties with a vested interest. Probate was granted to me in October 2006. I and the solicitor who drew up the Will are executors and we both refute the GP's opinion. The witnesses to the Will are clerical officers employed by my solicitors. Once again, many thanks - your reply raises very pertinent issues and give food for thought.
inaquandary
I can't understand on what basis the GP gave his opinion. Is he not bound by confidentiality towards his patient - even though she is now dead? I do not know the answer to this, but it might be worth checking with the GMC or whatever other body regulates doctors; also possibly with the Information Commissioner regarding any possible breach of the data protection legislation.
If it appears the GP has breached the legislation or contravened regularatory rules then this might help you to call into question his judgement in the opinion he has given - in other words, if he is careless about what he should and should not say, can what he does say be relied on?
Of course, as the opinion states it is based on statements by interested third parties it is difficult to see what credence can be given to it anyway. I would have thought that your brother's solicitor should be advising him that it is worthless and that he will lose the case unless he has any proper evidence to produce.
If it appears the GP has breached the legislation or contravened regularatory rules then this might help you to call into question his judgement in the opinion he has given - in other words, if he is careless about what he should and should not say, can what he does say be relied on?
Of course, as the opinion states it is based on statements by interested third parties it is difficult to see what credence can be given to it anyway. I would have thought that your brother's solicitor should be advising him that it is worthless and that he will lose the case unless he has any proper evidence to produce.
It is not clear how these third parties would benefit if the will is overturned. I assume it has not got as far as the courts yet. Not a legal answer BUT the court can take OR NOT into account opinion from anyone it thinks relevant, it should be argued very strongly that the GP and the third parties involved are not medically qualified to offer such an opinion and your mother was never professionally diagnosed with any of these conditions. Additionally the fact that these third parties have an interest make it somewhat dubious. The statements you have of people who can testfiy she was aware of what she was doing will give you a very strong case. By all means tell the GP what you intend doing. It might be enough for him to withdraw. Otherwise get yourself a good solicitor!
Has your mother's estate been disposed of?
If it has, and it is more than 6 months since the grant of probate was made, then the will cannot be contested. His opinion is totally irrelevant and I wouldn't worry about it!
However, if she died recently and the estate is not finalised that is a different matter. If this is the whole story then, based on all the facts above, I wouldn't have though he has much of a case. I can't see a doctor standing up in court and saying "I don't have any medical evidence of this woman's mental capacity, but I can show the court evidence from lay persons who stand to gain if the will is set aside!"
Also, bear in mind that, if this ploy were to succeed, what would happen is that the will would be set aside and intestacy rules would apply (unless there still exists a previous will made when she was of sound mind!). If your mother was a widow, then next in line would be her children (equal shares)! Do you have any siblings? Are they the other interested parties that you mention?
If it has, and it is more than 6 months since the grant of probate was made, then the will cannot be contested. His opinion is totally irrelevant and I wouldn't worry about it!
However, if she died recently and the estate is not finalised that is a different matter. If this is the whole story then, based on all the facts above, I wouldn't have though he has much of a case. I can't see a doctor standing up in court and saying "I don't have any medical evidence of this woman's mental capacity, but I can show the court evidence from lay persons who stand to gain if the will is set aside!"
Also, bear in mind that, if this ploy were to succeed, what would happen is that the will would be set aside and intestacy rules would apply (unless there still exists a previous will made when she was of sound mind!). If your mother was a widow, then next in line would be her children (equal shares)! Do you have any siblings? Are they the other interested parties that you mention?
Apologies, my computer is playing up and I have just read the previous correspondance!
I take it that your mother left everything to you, and your brother is after a share of the estate?
I would agree with the general consensus. I can't see this going anywhere and I would also agree that the doctor should be reported to the GMC.
I take it that your mother left everything to you, and your brother is after a share of the estate?
I would agree with the general consensus. I can't see this going anywhere and I would also agree that the doctor should be reported to the GMC.
Sprowston
Thanks for your observations - your opinions, as well as those of the other people who have responded to my first posting, are valued by me. I find the whole situation is very distasteful. It need never have come to this. The matter is now being progressed through the legal process which could, I'm informed, take months to settle, not to mention the costs! I'll keep you posted.
Regards
inaquandary
Thanks for your observations - your opinions, as well as those of the other people who have responded to my first posting, are valued by me. I find the whole situation is very distasteful. It need never have come to this. The matter is now being progressed through the legal process which could, I'm informed, take months to settle, not to mention the costs! I'll keep you posted.
Regards
inaquandary
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