Does the dead man's statute affect the admissibility of a photocopy of a testator's holographic will in a probate proceeding?

Does the dead man's statute affect the admissibility of a photocopy of a testator's holographic will in a probate proceeding?

• A. Yes, it prevents photocopies from being admitted.
• B. Yes, it requires the original to be admitted.
• C. No, it does not affect admissibility of a photocopy.
• D. It requires a guardian ad litem.

Answer: (C)

The rule being tested is that the dead man’s statute governs testimonial evidence, not the admissibility of writings. The statute prevents certain witnesses—typically interested heirs or beneficiaries—from testifying about statements made by the decedent that bear on the estate. It does not say anything about whether a document or its copy can be admitted into probate. A photocopy of a holographic will is a piece of documentary evidence. Its admissibility hinges on authentication and the best evidence rule, not on the dead man’s statute. Under the best evidence rule, a duplicate (like a photocopy) is generally admissible to prove the contents of a writing unless a genuine issue is raised about the original’s authenticity or integrity. If authentication is satisfied and there’s no genuine authenticity dispute, the photocopy can be admitted even though the decedent is the subject of the dispute. So, the dead man’s statute does not affect whether a photocopy of a holographic will can be admitted; it concerns who may testify about the decedent, not whether the document itself is admissible.

The rule being tested is that the dead man’s statute governs testimonial evidence, not the admissibility of writings. The statute prevents certain witnesses—typically interested heirs or beneficiaries—from testifying about statements made by the decedent that bear on the estate. It does not say anything about whether a document or its copy can be admitted into probate.

A photocopy of a holographic will is a piece of documentary evidence. Its admissibility hinges on authentication and the best evidence rule, not on the dead man’s statute. Under the best evidence rule, a duplicate (like a photocopy) is generally admissible to prove the contents of a writing unless a genuine issue is raised about the original’s authenticity or integrity. If authentication is satisfied and there’s no genuine authenticity dispute, the photocopy can be admitted even though the decedent is the subject of the dispute.

So, the dead man’s statute does not affect whether a photocopy of a holographic will can be admitted; it concerns who may testify about the decedent, not whether the document itself is admissible.