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Dead man’s statute on its way out

November 9, 2016

The dead man’s statute is on its way to becoming ancient history, spurring attorneys to prepare for change, particularly if they practice trusts and estates law.

Wisconsin’s dead man’s statute deems testimony inadmissible if it is about a transaction, usually regarding a financial interest, in which one or more of the parties has since died. The statute stems from the common-law belief that false testimony can be admitted more easily if a witness to a particular transaction is not around to dispute it.

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