Will Contests Part IV: Do Not Always Believe The Mediator

This is the fourth and final part of my series on will contests. I invite you to read parts I, II and III as well.

A number of years ago, I mediated and later tried a will contest.  The facts were unusual.

The testator/uncle had no children, but rather, a large extended family of nieces and nephews.  He had a live-in girlfriend of approximately 15 years.  My adversary described the relationship with the girlfriend as a "marital-like relationship."

The uncle was elderly, in failing health and was taking medications that affected his capacity.  At times he would hallucinate.

During the period of time that the uncle was in failing health, a series of changes, amendments and transfers of assets were made to the uncle's will, trust and assets that shifted significant assets away from the nieces and nephews and towards the girlfriend.  In several instances, the girlfriend prepared and witnessed the transaction documents.