If a party wishes to contest a will based on its execution, what type of evidence is crucial?

For contesting a will based on its execution, the most critical type of evidence is the testator’s sworn oath during execution. This is because, in Louisiana and many other jurisdictions, the validity of a will hinges on whether it was executed in accordance with statutory requirements. The testator’s sworn oath at the time of execution can serve as powerful evidence that they understood and intended the document to serve as their last will and testament.

An oath, or acknowledgment, often confirms the testator's identity and their freedom from undue influence, while also affirming their intent. This evidence is fundamental in establishing that the will reflects the true wishes of the testator at the time of its creation.

Other forms of evidence, such as witness testimonies or a notarized copy of the will, may play supportive roles in a contest. However, they are generally not as decisive as the testator's own declaration of intent and acknowledgment of the document's significance during its execution. Thus, the emphasis on the testator’s sworn oath signifies its centrality in disputes regarding the validity of a will based on execution issues.