Blog Post
Types of Evidence in Trust Litigation
7/20/2025
Evidence in trust litigation comes in several forms that blend to create a compelling picture. Attorneys often weave these pieces together to tell a coherent story demonstrating what happened. Understanding these categories helps litigants choose a solid proof for their cases.
Documentary Evidence
Documents are often the most persuasive proof in trust disputes. Trust agreements and amendments reveal the trustor’s intentions. Financial records, such as bank statements, expose irregular transactions that might indicate fraud or mismanagement. Emails, letters, or other correspondence can highlight undue influence or clarify the trustor’s state of mind.
For example, a sudden change to a trust shortly before the trustor’s passing might raise red flags. Financial records showing large withdrawals or transfers during this period could further strengthen your case.
Testimonial Evidence
Witnesses provide critical context. Testimony from friends, caregivers, or professionals involved in drafting the trust can illuminate whether the trustor was coerced or lacked mental capacity. Medical professionals may analyze records to determine if the trustor has the cognitive ability to make decisions.
These accounts humanize the evidence and help judges or juries connect with the case.
Physical Evidence
Original copies of trust documents or handwritten notes from the trustor can also be impactful. Forensic handwriting experts might analyze these items to confirm their authenticity. Such evidence can be pivotal when forgery or fraud is suspected.
Attorneys use these tools to construct strong arguments in court, but collecting evidence is just the beginning. Building a compelling case demands a well-planned and strategic approach to effectively gathering, organizing, and presenting this evidence.
San Diego Probate Attorneys
San Diego, CA 92101