Attorney Jeffrey P. Coleman describes how witness testimony plays an important part in a will contest case and the types of witness testimony that exist.
Lay witness testimony as versus expert witness testimony is critical. Lay witnesses can help establish the changes in the person, the decedent, [and] the deceased person’s life so that they can show, for instance, that everyone dealing with the decedent understood that they were laboring under dementia or psychological problems and yet at the same time a will was prepared.
There is frequently a need for expert witnesses in a will contest case.
For instance, if the contestant is asserting that the deceased person had a level of dementia (to the extent that they didn’t understand what they were signing), it would be important to have a psychologist or a neurologist to testify about the objective evidence that shows that the deceased person didn’t have the requisite understanding or capability in signing the will.
Expert witnesses are an important part of presenting your case to the judge.