Fla. Prob. R. 5.275

As amended through March 26, 2024

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.

FL. Prob. R. 5.275

Amended by 287 So.3d 492, effective 1/1/2020; added by 531 So.2d 1261, effective 1/1/1989.

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.