(A) The testator or settlor has the burden of establishing prima facie proof of the execution of the will or trust, as applicable. A person who opposes the complaint has the burden of establishing one or more of the following:

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Terms Used In Ohio Code 5817.09

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Testator: A male person who leaves a will at death.
  • Trust: means an inter vivos revocable or irrevocable trust instrument to which, at the time the complaint for declaration of validity is filed under section 5817. See Ohio Code 5817.01

(1) The lack of testamentary intent or the intent to create a trust, as the case may be;

(2) The lack of the testator’s testamentary capacity, or the settlor’s legal capacity to enter into and establish the trust;

(3) Undue influence, restraint, or duress on the testator or settlor;

(4) Fraud or mistake in the execution of the will or trust;

(5) Revocation of the will or trust.

(B) A party to the proceeding has the ultimate burden of persuasion as to the matters for which the party has the initial burden of proof.

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