Under what circumstance can the burden of proof be shifted in a will contest?

In a will contest, the burden of proof can shift under certain circumstances, particularly when there is evidence of coercion or fraud. If a contestant alleges that the testator was unduly influenced or that there was fraud involved in the creation of the will, this can trigger a shift in the burden of proof. At that point, the party responsible for the execution of the will must demonstrate that the will was created and executed without such influences or deceptive practices. This shift arises because the law recognizes that improper influence or fraud can undermine the testator’s true intentions and the integrity of the testamentary process.

In contrast, mere contestation of the will by multiple beneficiaries does not inherently shift the burden of proof. The mere fact that the testator has passed away also does not alter the burden of proof; the presumption is generally that the will is valid until proven otherwise. Proper execution of the will establishes a presumption that the will is valid, and unless substantial evidence challenging the will’s validity is presented—such as claims of coercion or fraud—the burden remains on the challenger to prove their claims.