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The Florida Senate

2009 Florida Statutes

Burden of proof in contests; presumption of undue influence.
Section 733.107, Florida Statutes 2009

733.107  Burden of proof in contests; presumption of undue influence.--

(1)  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 is sought.

(2)  The presumption of undue influence implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304.

History.--s. 1, ch. 74-106; s. 50, ch. 75-220; s. 83, ch. 2001-226; s. 5, ch. 2002-82.

Note.--Created from former s. 732.31.