Law Commons^™

Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr.

Washington Law Review

By reducing the burden of proving a gift causa mortis where the state is the only contestant, In re McDonald's Estate has evidently attached an exception to the Washington "dead man's" statute. While eliminating the common law prohibition against testimony by an "interested person," this statute does prohibit such persons from testifying concerning "transactions" with a decedent. It also prohibits testimony about "statements" made by a decedent.