Will Contests: Understanding The Burden Of Proof

Coleman Law Firm

Attorney Jeffrey P. Coleman describes how the burden of proof plays a part in probate litigation. 

Video Transcript:

The burden of proof in a will contest case is that of the preponderance of the evidence, it means that the scales of justice must tip just slightly towards the person who prevails in the case. But the court (assuming that the will has been properly executed through an appropriate attorney) will generally give great deference to such a situation.

Video Transcript: The question of who has the burden of proof in a will contest is something that is fairly complex. The burden of proof can actually shift through a number of different procedural efforts that can be made by the parties. For instance, the burden of proof is different once the will has actually been admitted to probate and a court has accepted the will and a contestant is now trying to set it aside. Therefore if you think it’s important that you attack a will, it is very critical that you retain counsel and move promptly before the will is admitted to probate.


Video Transcript:

In order to prevail in a contest of will, there are a number of different issues that can be addressed. You might attack, for instance the way the will was signed: were there appropriate number of witnesses? Florida law requires that you have two witnesses that are disinterested for a will to be valid. There are also other ways of attacking such as undue influence and lack of capacity. You’ll need to have an attorney to help you with this.

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