New Hampshire Case Illustrates Importance Of Making Sure Client Is Competent

An ongoing case in New Hampshire involves a large estate, suspect will, dead testator, and beneficiary being asked many questions. At the heart of the matter is the competency to make a will, an issue that is likely to control the fate of a nearly $3 million estate. But in the quest to determine competency one thorny issue arose, the beneficiary had to shopped around to find an attorney for the testator due to the fact many lawyers would not assist due to the competency concerns.

Lawyer shopping can be a problem because not all people go about it with malicious intent; some people just want to find the right representation and are picky in choosing. Whenever faced with an apparent case of shopping, take extra care to make sure the would be client is not being abused or taken advantage of by the people around them. A little observation now can save much hassle for the innocent and stop those with devilish intent.

See Webber Case Shows Importance of Establishing Capacity, Fosters, May 15, 2015.