Heard of a law that can block a living person from telling their side of the story when the other party has passed away? That is the Illinois Dead Man’s Act, and it can swing a civil case in a big way.
At Woods & Bates, P.C., we focus on clarity and steady guidance because rules like this can feel confusing when you just want a fair hearing. Our goal here is simple: give you a plain-English walkthrough of what the Act does, when it applies, and how courts use it.
This article also shares common exceptions and short case notes you can use to spot problems early. If you handle an estate, a trust dispute, or a claim involving someone who died, this rule matters. Let’s break it down step by step, keeping it practical and real.
What is the Illinois Dead Man’s Act?
The Dead Man’s Act, found at 735 ILCS 5/8-201, is an evidence rule that can block certain testimony in civil cases. It stops an adverse or financially interested witness from testifying about conversations with, or events in the presence of, a deceased person or someone under legal disability. The idea is simple: if the decedent cannot speak to refute it, courts limit one-sided stories.
The reason behind the rule is to cut down on false or slanted testimony when one voice is missing. Courts say it levels the playing field and protects estates from claims that cannot be fairly tested. Critics have pushed to scrap the statute, yet Illinois courts have upheld its constitutionality.
Knowing this framework helps you plan your proof early. You can still win a case, you just need the right kind of evidence.
Who and What Does the Act Restrict?
The Act blocks testimony from an “interested” witness about a conversation with the decedent or about an event that happened in the decedent’s presence. An “interested” witness is someone with a direct financial stake in the outcome. If a judgment puts money in your pocket or takes it out, that usually counts as interest.
Common examples of interested persons include:
- Parties to the case and their spouses.
- Shareholders or owners of a party corporation.
- Heirs and will beneficiaries in a will contest.
- A grantor who could face warranty liability tied to the case.
People usually not treated as interested include:
- Members of a church or similar group with no money at stake.
- Prospective heirs whose stake is only a future maybe.
- Attorneys without a contingent fee tied to the outcome.
- Former spouses with no financial interest and police officers who investigated.
The rule also covers “events,” which means happenings or occurrences, like actions in a crash, handing over an object, or signing a contract. The event must have taken place in the decedent’s presence for the restriction to apply. If the event happened somewhere else, the Act usually does not block that story.
| Topic | What Counts | Triggers the Act? | Notes |
| Conversation with decedent | Spoken words between witness and decedent | Yes, if witness is interested | Barred unless an exception applies |
| Event in decedent’s presence | Actions or occurrences the decedent could have observed | Yes, if witness is interested | Common in vehicle collision cases |
| Event outside decedent’s presence | Occurrences the decedent could not have observed | No | Testimony typically allowed |
| Foundation testimony | Authenticating records under 735 ILCS 5/8-401 | No | Limited to foundation and authenticity |
| Heirship facts | Who the heirs are and related facts | No | Express carve-out under 5/8-201(d) |
This table cannot cover every scenario, but it gives a fast way to spot trouble areas. Keep reading for the timing and the exceptions that often decide close calls.
When Does the Dead Man’s Act Apply?
The Act can come up at the summary judgment stage or during trial. Judges can strike affidavits or deposition answers under the Act long before you ever see a jury. The restriction applies when the decedent cannot refute the testimony and no exception fits.
Planning around the rule early is smart. Look for disinterested witnesses, photos, records, and physical proof that tell the story without barred testimony.
Key Exceptions to the Illinois Dead Man’s Act
Even if testimony looks blocked, several exceptions can open the door. These carve-outs are important since they often decide whether a case survives to trial. We will hit the most common ones in short form.
Opening the Door
If the decedent’s representative brings in testimony, live or by deposition, about a conversation or event, the other side can then testify about the same conversation or event (see 735 ILCS 5/8-201(a)). This prevents a one-sided version from reaching the fact finder. Also, if the representative’s examination of an adverse party goes beyond background facts and hints at negligence, courts treat the protection as waived.
Think of this as fairness in action. Once one side tells the story on that topic, the other side gets to respond.
Foundation Testimony
Testimony used only to establish a document’s foundation under 735 ILCS 5/8-401 is not barred. This often covers business records and account books. A witness can say the deceased made particular entries as part of regular duties without opening the door to broader testimony.
That is a narrow lane, but helpful when a claim or defense relies on a record that needs authentication. Courts watch closely to keep it to foundation only.
Heirship
Facts about heirship are not restricted under 5/8-201(d). Anyone can testify about who the heirs are and related matters without running into the Act. This helps probate courts settle shares cleanly.
Estate administration often turns on clear family facts. The statute removes speed bumps in that lane.
Failure to Object
If no one objects, testimony that would have been blocked comes in. Judges do not raise the Act on their own. Timely objections matter a lot here.
Silence can act like a waiver. Good practice is to object quickly and clearly when the rule fits.
How Courts Apply the Dead Man’s Act: Case Examples
Recent cases show how these rules play out. Short notes below give a feel for the results without getting lost in long citations.
Richardson v. Ward (2019)
A rear-end crash case with the defendant deceased. The plaintiff’s testimony about the event was barred, and the court granted summary judgment for the defense because no admissible evidence remained to prove fault.
This outcome is common when there are no neutral eyewitnesses or independent proof like video or physical data.
Eyster v. Conrad (2020)
The decedent defendant’s deposition was submitted by the representative. That move waived the protection for the same subjects, so the plaintiff could testify about those conversations and events.
When a deposition comes in, think carefully about the ripple effect. It can unlock the other side’s testimony on the same points.
Bramlett v. Vandersand (2020)
An admission by the defendant, who later passed away, was allowed as a party admission. The Act did not block it. Courts treat party admissions differently from ordinary conversations described by interested witnesses.
That kind of statement can carry heavy weight at trial. Preserve it early if you have it.
Mossholder v. Statler (2020)
Testimony was allowed because the relevant event occurred in another vehicle, not in the decedent’s presence. Without the presence element, the Act did not apply.
This is a reminder to map out where events happened. Location details can decide admissibility.
The Act’s Impact on Different Types of Cases
Vehicle collision claims are often affected, especially rear-end or intersection crashes with no neutral witnesses. A plaintiff with a financial stake can be blocked from testifying about the deceased driver’s actions, which can lead to early dismissal if no other proof exists. Medical malpractice disputes usually turn on records and professional analysis, so the Act rarely restricts core medical records.
If you worry the Act could affect your case, build your proof with sources that do not depend on barred testimony:
- Track down disinterested eyewitnesses, dashcam video, traffic cams, and scene photos.
- Collect business records and data logs, then use proper foundation under 8-401.
- Preserve any admissions or prior statements made by the decedent.
Those steps add strength without tripping over the statute. A careful plan can keep your case moving.
Do You Need Assistance with an Estate Matter? Contact Woods & Bates, P.C.
At Woods & Bates, P.C., we work to provide high-quality representation while giving back to the communities we serve. Your goals guide our work, and we keep the process clear and manageable. Our firm draws on decades of experience in estate and trust administration, estate planning, and real estate.
Reach out if you are handling probate, trust administration, will contests, or planning documents like living trusts or powers of attorney. We welcome your questions and will explain your options in plain language. Our firm offers virtual and in-person meetings for your convenience.’
Call 217-735-1234 or visit our website to set a time to talk. We are committed to pursuing the best result possible for every client. Let’s find a path that fits your needs.