Court cases are mostly decided on the facts in dispute – not esoteric points of law or by the brilliance of barristers’ arguments. And it’s surprising how often litigants leave sorting out the facts to the last minute. Sometimes what seemed to be a rock-solid action can collapse overnight because a factual point was overlooked.
Why documents outweigh recollection
Similarly, the validity of any legal opinion always turns on the accuracy and completeness of the facts upon which it is based.
Documents – written contracts, correspondence and file notes – are the most reliable source of the relevant facts. Few people have total memory recall. In most cases, our memories play tricks making it almost impossible to recall the substance and sequence of events and conversations with total accuracy without resort to any available memory aids such as notes or diary entries.
That’s why courts usually place greater weight on documents and contemporaneous notes than on oral recollections of matters that may have occurred years earlier.
Of course, evidence of what people said and when they said it plays a significant role in most trials. So it’s important when preparing witness statements to be as thorough and accurate as possible. Even an innocent mistake can make you appear unreliable if not dishonest if it is inconsistent with something in writing.
Which documents decide an estate dispute?
In a contested estate the documents that decide it are usually the same few:
- the file notes of the lawyer who took the Will instructions;
- medical records, if the Will maker’s capacity is in issue; and
- bank statements and transfer records, if gifts made during the deceased’s lifetime are being questioned.
None of those is likely to be in your own possession, so working out early what exists and who holds it is part of the job. See our challenging a Will page.
Why we collate documents before taking your statement
To get it right, we prepare to collate and review as many documents as possible at the beginning – even before obtaining a detailed statement from you or other witnesses. We can then cross reference what you tell us with the relevant documents to ensure that your evidence is accurate and consistent.
Initially, this process may appear daunting but it’s bound to save you time and money in the long run. It enables us to accurately assess your chances of success and to advise you of appropriate strategies. There’s little point in going to court or defending an action unless you are planning to win!
How we manage your documents
We go to great lengths to manage every document relevant to your case from the time of your consultation. We scan, register and catalogue every document as soon as we create or receive it. Documents are then automatically electronically circulated to you, relevant team members and, where appropriate, third parties.
Our document management runs on ContactsLaw, the legal practice management software the firm uses. Our staff can register, catalogue, search and forward documents in seconds. Because the documents are catalogued with a description at the outset, we can produce indices and copies for affidavits and trial bundles quickly and without repetitive typing.
How you can help
You can help (and save money) by:
- scanning (preferably) or photocopying all of the physical documents relevant to your case, including agreements, correspondence, notes of telephone discussions and diary or calendar entries;
- delivering electronic documents (e.g. emails) to us in electronic format via Dropbox or similar;
- delivering them to us in chronological order; and
- for documents that require explanation, preparing a summary list (preferably in a Word or Excel table) with a description of the document and the related comment.
Managing documents is integral to the proactive management of your case.
Talk to us before the documents go anywhere
We manage estate disputes from the documents outwards. We would rather see the paperwork before we hear the story. Call the probate and estate disputes team on (08) 9220 4490 or see our inheritance disputes page.
This article is general information about the law in Western Australia and is not legal advice. Your circumstances may change the answer, so please get advice on your own situation.
