Legal Definitions - prove up

To prove up something in a legal context means to formally present sufficient evidence to establish the truth, validity, or existence of a claim, fact, or legal requirement.

It involves gathering and presenting all necessary documentation, testimony, or other forms of proof to satisfy a court or legal authority that a particular assertion is true or has been fulfilled.

• Example 1: Estate Administration

  After a person passes away, their will must often be submitted to a probate court. The executor of the estate might need to prove up the will, meaning they must present evidence to the court that the will is authentic, was properly signed by the deceased, and witnessed according to legal requirements. This ensures the court accepts the will as valid before the estate's assets can be distributed.

• Example 2: Business Contract Dispute

  A software development company sued a client for unpaid fees, claiming they had completed all deliverables as per their contract. To win their case, the software company had to prove up their performance by presenting project timelines, code repositories, client communication logs, and acceptance emails, demonstrating that they had indeed fulfilled their contractual obligations.

• Example 3: Property Ownership Claim

  In a dispute over a piece of land, one party claimed they had acquired ownership through adverse possession (occupying the land openly and continuously for a legally specified period). To succeed, they needed to prove up their claim by providing utility bills, tax records, witness testimonies, and photographs showing their continuous occupation and improvements to the property over many years, thereby establishing their legal right to the land.