competent

Duly qualified; answering all requirements; having sufficient capacity, ability or authority; possessing the requisite physical, mental, natural or legal qualifications; able; adequate; suitable; sufficient; capable; legally fit. A testator may be said to be "competent" if he or she understands

(1) the general nature and extent of his property;

(2) his relationship to the people named in the will and to any people he disinherits;

(3) what a will is; and

(4) the transaction of simple business affairs.

See also capacity

- competency

- incompetency

@ competent authority

As applied to courts and public officers, this term imports jurisdiction and due legal authority to deal with the particular matter in question

@ competent court

A court, either civil or criminal, having lawful jurisdiction

@ competent evidence

That which the very nature of the thing to be proven requires, as, the production of a writing where its contents are the subject of inquiry. Also, generally, admissible (i.e. relevant and material) as opposed to "incompetent" or "inadmissible" evidence. Frick v. State, Okl.Cr., 509 P.2d 135, 136.

See also competency

- evidence

- relevant evidence

@ competent witness

One who is legally qualified to be heard to testify in a cause. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Fed.Evid.R. 602.

As used in statutes relating to the execution of wills, the term means a person who, at the time of making the attestation, could legally testify in court to the facts which he attests by subscribing his name to the will.

See also competency

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