10/29/2026
When OAMIC receives a claim involving an estate, whether that is a trust document or a will, the issue often is "was the client competent at the time the estate document was executed?" The lawyer should be careful to fulfill continuing commitments to the client both to represent their interest and, in some situations, to seek additional help for the client. Once the lawyer sees or is advised there may be an issue with competency, the lawyer needs to document all actions taken to verify competency and why the attorney was satisfied the client was competent to execute the estate documents.
Learn more about what to consider when your client may have a diminished capacity, linked in the comments below.