Who bears the burden of proof when contesting a will?

The burden of proof when contesting a will typically rests on the individual challenging the will, which aligns with the idea that the contestant must demonstrate evidence of undue influence or other factors that could invalidate the will. This is based on the principle that once a will is properly executed and admitted to probate, it is presumed valid. Therefore, the contestant, seeking to overturn this presumption, must provide sufficient evidence to support their claim of undue influence or any other grounds for contesting the will.

In this context, it is the responsibility of the contestant to establish not only that undue influence existed, but also how that influence affected the dispositions made in the will. This is crucial because without demonstrating the connection between the alleged influence and the will's provisions, the challenge may fail. The burden remains with the contestant until they meet the requisite threshold of proof to raise doubts about the will's validity.

The other options do not accurately reflect the legal standards surrounding the burden of proof in will contests. For instance, the estate typically does not have to prove the will's validity if it has already been admitted to probate. Additionally, while courts may start with a presumption of validity, assuming validity does not mean the court automatically upholds it without considering evidence presented by the contestant