Ohio § 5817.09 Burden of proof

Ohio Statutes

§ 5817.09 — Burden of proof

Ohio § 5817.09

Title 58Trusts

Ch. 5817Determination Of Validity Of Trust Or Will During Lifetime

This text of Ohio § 5817.09 (Burden of proof) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 5817.09 (2026).

Text

(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:

(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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(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:

(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.