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2002 Florida Code
TITLE XLII ESTATES AND TRUSTS
Chapter 733 PROBATE CODE: ADMINISTRATION OF ESTATES
PART I GENERAL PROVISIONS (ss. 733.101-733.109)
733.107 Burden of proof in contests; presumption of undue influence.
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.
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