Unlike an “ordinary” civil suit, the evidentiary burden in an estate contest based on incapacity is often on the defendant to prove that the signer had the requisite capacity. In a lawsuit challenging a trust based on testamentary incapacity, the proponent of the document must establish due execution and that the person signing had sound…
Legal Articles
Directed Verdict for Plaintiffs
A plaintiff in a civil lawsuit has the burden and obligation to prove his or her case. In a jury trial, it is standard practice for a defendant to move for a directed verdict when the plaintiff is done presenting his or her case. A directed verdict is where the Court finds for the defendant…