In majority rule jurisdictions, who bears the burden of proving lack of testamentary capacity?

• A. The testator
• B. The beneficiaries
• C. The contesting party
• D. The executor or administrator

Answer: (C)

Testamentary capacity is presumed to be present, so the party challenging the will must prove otherwise. In majority-rule systems, the burden falls on the contesting party to show lack of capacity by a preponderance of the evidence, at the time the will was executed. The challenger must demonstrate that the testator did not understand the nature of making a will, did not know the extent of their property, or did not know the natural objects of their bounty (or was otherwise mentally incapable in a way that affected those elements). The testator themselves, the executor, and the beneficiaries do not bear this burden. Therefore, the contesting party is the one who must prove lack of testamentary capacity.