MBE Rules · Evidence
Dead Man's Statutes
Dead man's statutes (state law)
The rule
Some states bar interested survivors from testifying about transactions with a decedent in claims against the estate; no federal counterpart exists, but state statutes apply in diversity under FRE 601.
In plain English
Dead Man's Statutes prevent people who stand to gain from a deceased person's estate from testifying about their interactions with the deceased if the testimony would be against the estate's interests. This rule is designed to prevent potential bias and protect the integrity of the estate's claims.
Worked example
In a probate case, a brother seeks to testify that his deceased sister promised him her house before she died. However, since he stands to inherit from her estate, the court excludes his testimony under the Dead Man's Statute. As a result, the estate's claim remains intact without his potentially biased evidence.
Memory hook
No testimony from the interested party, or the estate's claim might be sorry!
The trap
Exams may present scenarios where a witness is both an interested party and a potential beneficiary, leading students to overlook the application of the statute. Students might mistakenly believe that any relevant testimony is admissible.
How examiners test it
Questions often involve a dispute over the admissibility of testimony from a beneficiary regarding conversations with the decedent, requiring students to identify the applicability of the Dead Man's Statute.
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