There are various forms of evidence in a Will contest or Trust litigation matter. There is parol evidence, which is oral testimony from individuals who may have first-hand knowledge of a testator’s intent or competency when it pertains to a Will. For a trust litigation matter, parol evidence may be used to determine a settlor’s intent or determine whether the settlor was competent when the Trust was formed.
Another form of evidence which may be heard is expert testimony. One example of an expert is a Forensic Document Examiner. A Forensic Document Examiner examines a Will or Trust to determine its authenticity. The minimum requirements for consideration for certification as a Forensic Document Examiner (FDE) are a Baccalaureate degree from an accredited college and two years full time training from a recognized forensic laboratory by American Board of Forensic Document Examiner (ABFDE).
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