David P. Eby
I work with clients to resolve estate and trust disputes, as well as divorce and family issues. Trained as a Collaborative Law Practitioner, I also serve as a mediator in appropriate cases, which can include matters of alimony, child support, and parenting time. I also handle probate and family cases on appeal to the New Hampshire Supreme Court.
I represent individuals as well as institutional trustees in will and trust challenges, guardianships, conservatorships, powers of attorney, and other disputes related to the transfer of wealth. We handle these cases with great sensitivity and expertise. One of the successful cases I helped with involved the resolution of one of the highest trust disputes in New Hampshire history. 
Being an active member of our local community is valuable. I currently serve as the chair of the Board of Directors of Court Appointed Special Advocates (CASA), a non-profit group that recruits and trains guardians ad litem to represent the interests of abused and neglected children of our state. I am director of the New Hampshire Bar Foundation, the charitable arm of the Bar Association, and I am proud to be an elected Bar Foundation Fellow, a designation given to New Hampshire attorneys whose professional accomplishments and commitment to service represents the best of the legal profession. In my free time you’ll find me biking, running, and hiking with my wife and three daughters.

Representative Matters

  • Successfully challenged a will and trust on behalf of two charities in highly publicized case, with the probate court setting aside the estate planning documents on the ground of undue influence.
  • Represented Trustee in multi-million dollar dispute over Trust access and asset.
  • Represented non-profit beneficiaries in a successful challenge to and termination of a charitable trust.
  • Represented family members and charities on numerous occasions in challenges to wills/trusts on grounds of lack of mental capacity and undue influence.
  • Represented disinherited spouse in action to assert spousal claim and challenge to will.
  • Represented beneficiary of trust, challenging actions of the trustee.
  • Represented individuals seeking an accounting by an attorney-in-fact under a durable power of attorney document.
  • Represented trust company against claims of mis-management.
  • Represented municipality in pension claims and represented individuals in various pension claims under the Federal ERISA statute.
  • Represented Plaintiffs in ERISA class action suit, securing a $2.4 million settlement for the benefit of the class.
  • Represented land owners regarding various easement rights and covenant issues before the New Hampshire Superior, Probate and Supreme Courts.
  • Represented individuals in numerous divorce matters, including parenting responsibility and support issues.
  • Represented businesses and business owners in numerous breach of contract and breach of fiduciary duty claims.


  • "Quantum of Proof in Undue Influence Cases," March 16, 2016 
  • "Collaborative Law in Divorce Cases," November 11, 2015
  • "White Paper: Financial Exploitation of the Elderly," September 2, 2015
  • "Change in the Probate Division," January 2014
  • "Probate and Family Law: Post-Nuptial Agreement Ruled Enforceable in New Hampshire," September 2013
  • "Fraud and Exploitation of the Elderly- Another Look,"January 2013
  • "Partition Actions in New Hampshire," October 9, 2012
  • "Powers of Attorney: A License to Steal?" June 25, 2012
  • "Guardianship and the Right to Attorneys' Fees," March 21, 2012
  • "On the Front Lines:Battling Financial Exploitation of the Elderly," May 27, 2011
  • "Mediation in Probate Litigation Matters," June 2010
  • "Same Gender Marriage and Probate Law," February 2010
  • "Burden of Proof in Undue Influence Cases", September 2008
  • "Anna Nicole Smith & Estate Litigation- The Saga Continues," March 2008
  • "The Disinherited Spouse," November 2007
  • "Burke v. Bunny’s Superette: When Can You Undo A Hijacked Will?", May 16, 2007
  • "Show Me the Money! Anna Nicole Smith and Probate Litigation," April 17, 2007
  • "Preventing and Remedying Financial Exploitation of the Elderly", NH Bar News, October 6, 2006
  • "The Therapist-Client Privilege In Child Custody Disputes: Understanding the Berg Decision", Networker - Newsletter of the NH Psychological Association, January 2006
  • "Trustee Obligations: Avoiding Beneficiary Lawsuits", CPA Connection, April 2005

Speaking Engagements

  • "Recent Undue Influence Cases: Lessons for the Estate Planning Practitioner," Portsmouth, NH, May 12, 2016
  • "Challenges to Wills During Lifetime," Portsmouth,NH, September 2015
  • "Financial Exploitation of the Elderly: The Invisible Epidemic," NH Bar Association, June 12, 2015
  • "Financial Exploitation of the Elderly: How to Spot It, How to Prevent It, and How to Remedy It, New Hampshire Society of Accountants, June 19, 2013
  • "Guardianship Nuts and Bolts:  Obtaining Guardianship in New Hampshire Courts,"  NH Health Care Association Webinar, May 1, 2012
  • "Guardianship: Nuts and Bolts," NH Health Care Association Seminar, September 30, 2010
  • "Show Me the Money and Financial Exploitation of the Elderly," NH Health Care Association Seminar, May 6, 2009, Merrimack County Nursing Home
  • "Recent Developments in Employment Law and Family Law: What Employers Need to Know" - October 19 and 31, 2007
  • New Hampshire Healthcare Association: "Financial Exploitation of the Elderly," The Courtyard Marriott, Concord - September 13, 2006
  • "New Hampshire Healthcare Association: Guiding End of Life Care," Geriatric Education Conference - June 27, 2006
  • "Financial Exploitation of the Elderly," Riverwoods at Exeter - March 23, 2006
  • "Financial Exploitation of the Elderly," Charter Trust Company - May 2, 2006
  • "Financial Exploitation of the Elderly," Half-Day Seminar, CR Sparks, Bedford, New Hampshire - November 2, 2005

Community Involvement

  • Chair, Board of Directors of CASA (Court Appointed Special Advocates) of New Hampshire, 2013 - present
  • Director and Fellow, New Hampshire Bar Foundation, 2012 - present
  • Board of Directors, Brain Injury Association of New Hampshire, 2013 - 2016
  • St. Elizabeth Seton Catholic Church, Pastoral Council Member, 2004 - 2008
  • Greater Manchester Habitat for Humanity, former President, Board of Directors
  • Georgetown University Admissions Representative, 2005 - 2010

We Can Help You

Contact us today to learn more about how the attorneys at Devine Millimet can help you with your legal needs.

            Services & Industries


            Dispute Resolution & Litigation

            Family Law

            Family Law Litigation

            Probate & Wealth Transfer Litigation

            Bar Admissions


            New Hampshire


            University of California - Davis School of Law, JD, 1993

            Georgetown University, BA, 1989

            Awards & Affiliations

            New England Super Lawyers - Top Rated Estate & Trust Litigation Attorney (2013 - 2017)

            Selected by his peers for inclusion in The Best Lawyers in America© in the field of Trusts and Estates Litigation (2017).

            Recognized as a New England Super Lawyer, Estate & Probate, 2013-2015

            BV® "Distinguished" Rating by Martindale-Hubbell

            New Hampshire Bar Foundation Fellow, 2016

            New Hampshire Bar Association

            Manchester Bar Association

            Best Lawyers Award BadgeBest Lawyers Award Badge