Case law relating to trusts and estates is constantly evolving. To keep you updated, this newsletter reports on new decisions of note. I hope you and your clients find it helpful.
Here's the latest from the Massachusetts courts:
In Donoghue v. Horner, Docket No. 08-2013, 2009 Mass. Super. LEXIS 80 (Worcester Super. Ct. Mar. 6, 2009), a Superior Court decision issued in March that was just recently reported, the Court held that the appointed administrators of an estate, who are not lawyers, cannot appear pro se in litigation on behalf of the estate. The Court based its holding on agency law principles, under which a non-lawyer agent cannot practice law on behalf of a principal, and cited as an example that a corporate officer cannot represent a corporation in judicial proceedings. The Court also drew support for its holding from a decision of the Supreme Judicial Court where it was held that a person not admitted to the bar was not permitted to engage in the general practice of law by virtue of having obtained a power of attorney.