Update On Will Dispute

[jaycee401]

So after waiting several months for the other side to seek counsel advice in a will dispute, they are trying to have overturned. We have received a copy of a psychiatric report they have obtained. If we don't agree to their offer then they say the next step is mediation. Our solicitor is getting a bit angry t us saying we should mediate and loose the attitude that 'its not what dad wanted'! So, some random physchiartrist giving his impression of whether dad had capacity, going on about how ill dad was and the meds he was taking could cause confusion, and the pain he was in. He is basically saying "on the balance of probabilities the info and medical notes he has seen is not sufficient to overturn this presumption of capacity at the time the deceased executed the will, given a presumption of capacity in y opinion it is more likely than not he had the capacity to execute the will. I understand that if the circumstances under which the will was drawn up are such as to excite suspicion, the
burden of proof of capacity may shift onto the propounder of the will to show the testator had capacity (capeto v good 2002). In this case there are good medical reasons to consider that the capacity of the testator might have been undermined by pain, anxiety depression and the pain of drugs. Just as I consider the notes do not contain sufficient info to establish that the testator lacked capacity neither do i think that they establish he had capacity"!!

He also thinks that as he was ill he would of felt under pressure and obliged to go give us the gifted sum!

We need some solid advice please, are we best letting it go to court or do we reluctantly try and mediate. This guy will not be happy until he gets it all, so mediation could be difficult!

[jaycee401]

Brilliant, thanks I didn't realise there was a time limit, at least 3 months is not too long, knowing him he would of just strung us along for years!!