FL · rules
Fla. Prob. R. 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.
History
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.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
24896c464bc023ed860badd9b4fcec4391ca1216543e761322ed489e7dc8116a
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