Confession? Ill-health impacts on capacity

[JustAThought]

Challenging that "fake" Will...

In their letter to the Executors, our contact's solicitor used the standard LvN questions under The ACTAPS Practice Guidance for the Resolution of Probate and Trust Disputes (“The ACTAPS Code”)

This one answer in particular has left us wondering what we should do next...

Q. Were you informed or otherwise aware of any medical history of the deceased that might bear upon the issue of his capacity?
A. We were aware of the minor health issues at the point of the consultation.

We need the Executor's answer to be turned into a major plus for us? Need as many suggestions as possible before solicitor is instructed to commence battle...

And, no, Executors have not revealed what those minor health issues were.

[atticus]

You could ask for more detail, although the fact that they refer to "minor health issues" is not encouraging. You may not get what you say you need.

[Pezza54]

If the deceased had any major health issues, the executors have admitted they weren't aware of them

[JustAThought]

This case is one where the person making arrangements for a new Will, for the deceased, knew he had Alzehemer's Disease and memory loss and poor memory recall because she was with the deceased in the doctor's and hospital appointments. In fact her being so vocalised about the memory issues is on record in several documents.

[JustAThought]

I'm trying to work out an ammunition package to help out and looking for tips. However, l understand the importance or minor versus major health issues.

But then why would minor issues bear upon the issue of capacity if minor could be deemed as insignificant...

l hope to update you on outcome if l live to see the end...