RULE 5.275. BURDEN OF PROOF IN WILL CONTESTS

(a) In all proceedings contesting the validity of a will, the
burden shall be upon the proponent of the will to establish prima
facie its formal execution and attestation. Thereafter, the contestant
shall have the burden of establishing the grounds on which the
probate of the will is opposed or revocation sought.

(b) In any transaction or event to which the presumption of
undue influence applies, the presumption shifts the burden of proof
under sections 90.301–90.304, Florida Statutes.

Committee Notes

This rule implements the procedure found in section 733.107,
Florida Statutes, and the public policy against abuse of fiduciary or
confidential relationships.

Rule History

1988 Revision: New rule.

1992 Revision: Citation form changes in committee notes.

2003 Revision: Committee notes revised.

2019 Revision: Adopts subdivision (b) and revises the
committee note to reflect that change.

Statutory References

§ 90.301, Fla. Stat. Presumption defined; inferences.

§ 90.302, Fla. Stat. Classification of rebuttable presumptions.

§ 90.303, Fla. Stat. Presumption affecting the burden of
producing evidence defined.

§ 90.304, Fla. Stat. Presumption affecting the burden of proof
defined.
§ 733.107, Fla. Stat. Burden of proof in contests; presumption
of undue influence.