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 to 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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