Who has the burden of proof in a will contest case?
Video Transcript
In a will contest case, the proponent of the will, meaning the person offering the will to probate, has the initial burden to show that the will was properly executed. Once the proponent shows that the will is properly executed, then the person contesting the will has the burden of proof to show that it is invalid, meaning that they need to show that it was either the product of undue influence or that the testator lacked the requisite mental capacity to sign a will.
