Say, you want to contest a will and you need some proof. What are the good proofs?
A bad argument is often worse than no argument, because it irritates a judge and opens way for the claim of abusive procedure against you. And mere allegations are not helpful, neither guesses are. Even if you are sure about something, but you were not an eyewitness, this is just a guess. If you heard about something, but you were not there, it’s a hearsay. If you are expressing your vision of a situation — it’s an opinion (not allowed in evidence if you are not an expert witness).
Arguments without evidence are mere allegations. A judge, even sympathetic to your case, will not take unsupported allegations seriously. Asking questions and bringing suspicions are not enough to prove your point, you need to have answers with duly prepared evidence. Permitted means of proof are: a material object (if any), a document (including recordings and photos), an expert opinion, a testimony of first-hand knowledge of fact (oral or sometimes written).
Generally, hard evidence trumps an oral testimony, and expert witness testimony is more valuable than an average one. Therefore, “no hard proof” is a huge problem which often brings a failure in Court even if you were “totally sure” about the truth.
Not any “good proof” is good
Not any good proof is good though. Your proof should be relevant to the question you bring in Court. For example, in case of contesting a holograph will probation the question is: “is this will entirely written by the testator’s own hand and signed by him, without use of technical means (computer, printer, typewriter, etc)?” Therefore, fraudulent manoeuvres, incapacity, copying some parts from a printed sample, doing so under influence – these all are irrelevant arguments (at this stage) even if proven. Only the evidence concerning the “testator’s own hand” is relevant. Everything else goes to validity of the Will, which is a different question and a different procedure. If you bring irrelevant evidence (answering to a different question), it’s not helpful, however good this evidence is.
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.
