Florida Statute 733.107
“Burden of proof in contests; presumption of undue influence”
What it means
In a will contest, the will's proponent goes first: they must establish prima facie that the will was formally executed and attested. A self-proving affidavit under §732.503, or an attesting witness's oath under §733.201(2), does that on the papers. The burden then shifts to the contestant to prove the grounds for opposing probate or seeking revocation.
Subsection (2) settles a question Florida courts argued about for decades: when the presumption of undue influence applies, it shifts the burden of proof under §§90.301–90.304 — the benefited party must disprove undue influence, not merely offer some contrary evidence.
- The proponent must first establish prima facie formal execution and attestation.
- A self-proving affidavit (§732.503) or an attesting witness's oath (§733.201(2)) establishes that prima facie case.
- After that, the contestant bears the burden of proving the grounds for contest or revocation.
- The undue-influence presumption is a burden-of-proof-shifting presumption under §§90.301–90.304.
- The presumption implements public policy against abuse of fiduciary or confidential relationships.
How it plays out
The undue-influence presumption drives most of the will contests we handle. When a substantial beneficiary had a confidential relationship with the decedent and was active in procuring the will, the presumption arises — and §733.107(2) gives it real weight: the beneficiary must prove the absence of undue influence, not just tell a plausible story. Cases regularly settle on the strength or weakness of that presumption alone, before anyone reaches trial.
Where this shows up
Pages on this site where § 733.107 does real work:
Questions people ask
