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2017 Florida Statutes

Title XLII ESTATES AND TRUSTS
Chapter 733 PROBATE CODE: ADMINISTRATION OF ESTATES Entire Chapter
SECTION 107
Burden of proof in contests; presumption of undue influence.
F.S. 733.107
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. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will. 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) In any transaction or event to which the presumption of undue influence applies, the presumption 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; s. 13, ch. 2010-132; s. 3, ch. 2014-127.
Note.—Created from former s. 732.31.