I think ToE is strictly a theory. One of the things going against it are living fossils, a term Darwin invented.
"When Charles Darwin invented the term 'living fossils' in 1859, he was thinking of living species that look just like their ancestors of millions of years ago. His explanation was they occupied small parts of the world, escaping competition, and therefore did not change."
However, we find that there are MANY living fossils found in wider parts of the world, throughout the strata and goes back millions of years without changing much. Some of these are crocodiles, coelacanth, horseshoe crab, Wollemi pine, shark, wasp, mollusk, dragonfly, sycamore, gingko biloba, cancer and more. They remain similar if not exactly alike. It goes against evolution's theory of change over time and the tree of life. I can accept a few like Darwin thought, but not ones that faced the same changes as other creatures' fossils found at the same level.
Some other factors are going on. We find that older evolutionary theories such as Lemarck's straight-line evolution and Mendel genetic theory are coming back with epigenetic inheritance and genetic engineering. These are more rapid forms of mutation or change as opposed to claims of slow evolutionary change for the living fossils due to less competition.
https://phys.org/news/2017-02-weight-darwin-theory-fossils.html#jCp