STEP Advanced Certificate In Will Preparation (E&W) Practice Questions - STEP Advanced Certificate In Will Preparation - England And Wales Exam

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In probate proceedings where a will's validity is challenged on the ground of lack of testamentary capacity, how is the burden of proof allocated once real doubt is raised?

The propounder of the will bears the burden of establishing on the balance of probabilities that the testator possessed testamentary capacity The caveator challenging the will must prove beyond reasonable doubt that the testator lacked capacity The burden shifts automatically to the medical practitioner who conducted the Golden Rule assessment The court presumes capacity irrevocably once a will appears rational on its face

Correct Answer:

The propounder of the will bears the burden of establishing on the balance of probabilities that the testator possessed testamentary capacity

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